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How can I sponsor a foreigner to work in my EB-5 business?

I have a newly acquired EB-5 visa. I want one of my friends who lives in my home country to work with me. Can I sponsor him for a work visa in my EB-5 company? What is the process for this?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It will depend on your friend's qualifications and whether he or she may be eligible for a nonimmigrant visa classification such as H-1B or possibly L-1B. You should consult an immigration attorney to review all possible visa options.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can employ him; however, you will have to sponsor him as a nonimmigrant work visa such as H-1B, assuming your friend qualifies. Be on notice that you are required to provide a minimum of 10 jobs within two years when you start your business in the United States. It is advisable that you discuss your options with an attorney who can help plan your course of action.

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    Ying Lu

    Immigration Attorney
    Answered on

    There are many routes to immigrate. Depending on your friend's qualifications and the nature of the position you created for him in your EB-5 business, he may be eligible under EB-1, EB-2, EB-3, H-1B or even EB-5, if the friend also invests the required amount for EB-5 in your business. Please consult an experienced attorney for a suitable route for your friend.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your EB-5 business may hire a foreign worker, provided it can qualify him or her like any other foreign national for appropriate work visa status as either: a professional under the H-1B classification - assuming H-1B numbers are available and there is only a 25 percent chance of same; or possibly as an O-1 alien of extraordinary ability; or depending upon whether or not there is an available treaty, as an E-2 treaty investor provision. However, in conjunction with any direct EB-5 investment, you must also show that you have hired at least 10 U.S. workers over a 2+ year period.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need to retain an immigration lawyer, and then review his qualifications and the job offered and see if there is a viable visa category for job sponsorship.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A U.S. company can petition for a foreign worker as an EB-1, EB-2, or EB-3, requiring a Labor Certification from the Department of Labor first. That process can be challenging and definitely requires the assistance of an immigration attorney. We would need to know much more about the U.S. company and potential hire.

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    Anthony Korda

    Immigration Attorney
    Answered on

    While you are free to employ anyone who is lawfully present and permitted to work in the United States, only jobs that employ U.S. citizens and lawful permanent residents (not including you or members of your immediate family) will count towards the 10 new job requirement of the EB-5 program.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The person would have to have special skills and be qualified for H-1B, which is a numerically limited category reserved for specialty occupations (those requiring at least a bachelor's degree in a specified field). The application period for H-1B starts each April for an October 1st start date for employment. The problem with H-1B is that the annual demand for H-1B visa numbers (about 200,000) outstrips the annual supply of H-1B visa numbers (about 65,000). Therefore, there is a random lottery each year for H-1B visa numbers. Your company could also sponsor the foreign worker for PERM Labor Certification, assuming you do a good faith recruitment, test the U.S. labor market for a worker, and the DOL certifies the position as a shortage occupation; your company must also demonstrate its financial ability to pay the prevailing wage to the employee. Finally, keep in mind that a full-time position filled by a foreign worker in your company will not count toward meeting the 10 full-time job creation requirement for EB-5 purposes.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, the commercial enterprise that was established by EB-5 investment may serve as a petitioner/employer for a foreign national. The process would depend on what type of employment-related visa you wish to use for sponsoring and hiring the individual.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    There are a variety of ways this could be accomplished depending on critical factors. I suggest you consult with a knowledgeable immigration attorney to discuss your goals for your friend and your business.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Not using the EB-5 program. The program is intended to create jobs for U.S. citizens or lawful permanent residents.

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