Does the EB-5 protect me from state licensing laws?

No. The EB-5 is an immigration-by-investment program and does not offer protection or exemption from state licensing laws. It addresses your immigration status, not the regulation of professions and economic activities.

This means that if your profession or business requires a license, registration, or authorization from a state board or agency, that obligation continues to apply normally. The green card obtained through the EB-5 allows you to live and work in the United States, but anyone engaged in a regulated activity must comply with the rules of the state where they operate.

Licensing requirements vary from state to state and by activity, and are set by the relevant local authorities, not by immigration. It is worth mapping out these rules before you start operating, to avoid legal issues.

Given the complexity of these regulations, confirm the current requirements with the competent state agency and the USCIS, and consider the support of a specialist to align immigration and licensing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.