If I make a direct investment, can I be exempt from working?

In the direct investment route of the EB-5, when the investor deploys capital directly into a business, there is no requirement to participate in the company’s day-to-day operations. In that sense, yes, it is possible to not work in the daily running of the enterprise.

That does not mean, however, a fully passive role. The investor must maintain an active role in overseeing the business and fulfill the obligations that demonstrate the program’s central requirement: the creation of the required number of jobs on a full-time basis for workers in the United States.

In other words, the exemption applies to routine operational work, not to responsibility over the investment and its outcomes. Careful planning and management are essential precisely to ensure that jobs are created as the program requires.

Because conditions can vary depending on the investment structure, confirm the current requirements with the official source (USCIS) and seek specialized guidance before deciding on your involvement model.

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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.