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MONTRÉAL-OUEST · EB-5 FIELD GUIDE

Does filing my EB-5 petition let me start working in the U.S.?

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THE DIRECT ANSWER

No. The petition receipt does not grant work permission. Work permission, travel and lawful presence come from your existing status or from a separate authorization you are granted. Before you change jobs, start a business role or accept a salary, have counsel review which route your facts actually support.

Which route your facts support

The review is specific: what status you hold, when it expires, what activities it allows, and whether managing your EB-5 enterprise falls inside or outside them. Distinguish owning an investment from performing operational work; review the actual proposed duties and the authorization held. Counsel also checks whether an immigrant visa number is available to you, because an adjustment route that looks open in a brochure may not be open in your case.

The distinction a first conversation usually has to draw is between signing and doing. Voting your shares, approving a budget and receiving a distribution are acts of ownership; supervising staff, meeting customers and drawing a salary are acts of employment. The record that makes this concrete is a written task list produced by the applicant rather than copied from a template, since counsel can only assess duties that have been named.

The rule underneath is narrow and worth stating without softening: work permission comes from status or from a separate authorization, and a petition receipt is neither. Hypothetical example: a benefits administration investor plans to attend quarterly board meetings only, and that answer differs from one where the same person intends to run the enrolment operation day to day.