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

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 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.

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.