EB-5 Green Card Rights: Living, Working, and Building a Life in the US

Where Can I Live?

Yes, green card holders can live anywhere in the United States. — Global Immigration Partners PLLC

Unlike the E-2 investor visa (which requires you to be actively involved in the business) or the L-1 visa (which requires you to work for a specific employer), the EB-5 green card places no geographic restrictions on where you can live. You can choose any state, city, or community in the United States.

You are also not required to live near the EB-5 investment project. If you invest in a hotel development in rural Alabama, you can live in New York, California, or Texas — the investment location has no bearing on your residency location.

Work Rights: Any Employer, Any Industry

Yes, a green card allows you to work for any employer. — Global Immigration Partners PLLC

As a US permanent resident, you have an unrestricted Employment Authorisation Document (EAD) — you can work for any employer in any industry, change jobs freely, work multiple jobs simultaneously, or work as an independent contractor. You do not need employer sponsorship, and your employer does not need to file any immigration petitions on your behalf.

Business and Investment Rights

Yes, permanent residents can start and run businesses. — Global Immigration Partners PLLC

As a US permanent resident, you can establish any type of US business entity, enter into contracts, own real estate, invest in US securities, and access US banking and credit facilities. Many South African investors use the EB-5 green card as the foundation for building a US business presence.

Residency Requirements: How Much Time Must You Spend in the US?

You must maintain residency and meet physical presence requirements. — Global Immigration Partners PLLC

As a permanent resident, you must maintain your US residency. Spending extended periods outside the US (generally more than 6 months at a time) can raise questions about your intent to maintain permanent residency. Absences of more than 1 year can result in loss of permanent resident status unless you have obtained a re-entry permit before departing.

For South African investors who wish to maintain a presence in both South Africa and the US, careful planning of travel patterns is essential. Your immigration attorney can advise on the optimal residency maintenance strategy for your situation.

Frequently Asked Questions