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Questions & Answers

What is the definition of "relative" in regards to the 10 job requirement?

My client would like to hire two extremely distant cousins (through marriage), for which he wants me to form an LLC. Would they be included in the 10 minimum job requirement?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    As long as the cousins are U.S citizens, permanent residents, refugees, or asylees, then they may be counted towards your job creation. Employee relative only excludes the spouse and children.

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    Ed Beshara

    Immigration Attorney
    Answered on

    In the job count you cannot include the immediate family members of the principal investor (spouse and minor children). Cousins who are U.S. permanent residents or U.S. citizens may be included in the job count.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, the cousins can be counted toward the job numbers. However, the investor, his/her spouse and children cannot be hired as qualified new jobs.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    With respect to employing relatives, the regulations for qualifying employee exclude only the investor, his spouse, sons or daughters.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Relative excludes immediate family only, who presumably are not US workers anyway.

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