Can Remote Jobs Count Toward EB-5 Visa Requirements?

 Posted on October 30, 2025 in Immigration

The EB-5 Immigrant Investor Program was built around the idea of the direct, measurable creation of jobs. However, in today’s remote and hybrid job market, the definition of "created jobs" has caused confusion. Can virtual employees working from home – and potentially even across state lines – count toward the "ten full-time positions" required for EB-5 immigration compliance?

As the USCIS continues to tighten oversight, investors and regional centers are increasingly embroiled in disputes regarding what qualifies as a legitimate U.S. job. An experienced DuPage County, IL immigration attorney can help ensure your EB-5 visa remains compliant.  

What is the EB-5 Job Creation Program?

The EB-5 Job Creation Program is a U.S. immigration pathway that gives a green card to foreign investors who invest a minimum amount of capital in a U.S. enterprise, creating at least 10 full-time jobs for American workers. The program was created in 1990 to stimulate the U.S. economy and is administered by the U.S. Citizenship and Immigration Services (USCIS). The two primary paths for investment are either a direct investment or an investment through a USCIS-approved regional center.  The program requirements include:

• A minimum investment of $1,050,000 in a new commercial enterprise
• A minimum investment of $800,000 for projects in a Targeted Employment area (rural or a region with high unemployment)
• The creation of at least 10 permanent, full-time jobs for qualifying U.S. workers (U.S. citizens, permanent residents, or other immigrants authorized to work in the U.S. other than the investor and his or her family members)
• A successful petition grants the investor a two-year conditional permanent residence status.
• At the end of the two years, the investor must file a USCIS petition to have the conditions removed and become a permanent resident.
• The majority of EB-5 visas are granted through regional centers, which allow indirect jobs to be counted in addition to direct jobs.

The EB-5 visa program, unlike many other immigrant programs, is currently active and authorized through September 30, 2027. As of October 1, 2025, the annual limits for the unreserved EB-5 category have reset for Fiscal Year 2026, making visas available to qualified applicants.

How Do Remote Workers Complicate EB-5 Visa Compliance?

A core goal of the EB-5 program is to drive economic growth in specific American communities. Businesses with remote employees – especially those spread across multiple states – make it much more challenging to show that the jobs created primarily benefit the designated geographic location. USCIS is more likely to scrutinize proposals that involve remote or virtual workers more heavily.

When a business's employees are geographically scattered, it can significantly complicate demonstrating that the investment meets job-creation requirements for a specific location. Further, employers of remote workers face more complex compliance with the federal Form I-9, which verifies an employee’s identity and employment authorization.

For EB-5, the investor must present evidence of I-9 compliance for each full-time position claimed. Since USCIS also conducts audits and site visits to verify EB-5 project details, these on-site audits become less effective, and state labor laws vary from state to state.  

Legal Definitions and Gray Areas for EB-5 Visas

Under 8 C.F.R. Section 204.6(j)(4), proof that the investment creates "qualifying employment for U.S. workers" is required. "U.S. worker" is defined as an individual authorized to work in the U.S., but it does not explicitly require the worker to be tied to a physical location. This can create legal gray areas, leading to differing interpretations and Requests for Evidence (RFEs) and even litigation. EB-5 visa holders must maintain Form I-9 verification for all employees, clear job descriptions identifying duties performed within the U.S. economy, and regular internal audits.

Contact a Bloomingdale, IL Immigration Visa Lawyer

If your EB-5 visa investment involves remote or hybrid operations, a skilled DuPage County, IL immigration attorney from Mevorah & Giglio Law Offices can help you structure employment, verify job eligibility, and prepare documentation to defend your case. Attorney Mevorah has served the needs of immigrants across Northern Illinois for more than four decades. To schedule your free consultation, call 630-932-9100.