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Do Remote Workers Count Toward the EB-5 Job Creation Requirement?

By August 13, 2024June 10th, 2025EB-5 Visa
A remote worker

With the rise of remote work since the COVID-19 pandemic, many EB-5 investors are wondering if remote workers can be counted towards the job creation requirement. Here’s what you need to know.

Remote Workers and EB-5 Requirements

Remote Workers in the U.S.: As long as a remote employee is working from within the United States and receiving a W-2 form, they typically count toward the EB-5 employment requirement. This means that the remote nature of their work does not disqualify them as long as they meet these criteria.

Targeted Employment Areas (TEAs): For those applying for an EB-5 visa in a Targeted Employment Area (TEA), which allows for a lower investment amount of $800,000, additional considerations are necessary. USCIS must determine that the EB-5 enterprise principally does business in the TEA.

To ensure compliance and reduce risks, it is recommended that the jobs created by the EB-5 business be located in the same TEA as the enterprise. This alignment helps in satisfying USCIS requirements and maintaining eligibility for the TEA designation.

Key Points to Consider

  1. Remote Workers Qualification:
    • Must work from within the U.S.
    • Must receive a W-2 form.
  2. TEA Compliance:
    • Jobs should be created within the same TEA where the business is located.
    • Ensures the business qualifies for the lower investment threshold and meets USCIS criteria.

Understanding these aspects is crucial for EB-5 investors, especially those taking advantage of the benefits of remote work and aiming to invest in TEAs.

To navigate the complexities of the EB-5 program and ensure compliance with job creation requirements, explore our free resources and schedule a consultation with our expert immigration attorneys today.

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