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Questions & Answers

Does the petitioner count toward the job-creation requirement?

If an EB-5 petitioner decides to make a direct investment and open up his own business, does he count toward the 10 employees required by EB-5?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    No. The employees must be U.S. citizens, U.S. permanent residents, or others with U.S. employment authorization as provided in the applicable regulations.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The investor and his/her immediate family members do not count toward the job-creation requirement.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, the petitioner and his family do not count toward the requirement of 10 full-time employees. Generally, it is U.S. citizens and permanent residents only, and a few other classes of U.S. worker.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    No, and neither does immediate family.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Nope, nor does any family member.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Neither the EB-5 petitioner nor his spouse/child(ren) count toward the minimum required job creation in a direct EB-5 case.

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    Blake Harrison

    Immigration Attorney
    Answered on

    Unfortunately, the petitioner cannot be counted toward the 10-job creation requirement.

  • Avatar

    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    No, the petitioner does not count.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Unfortunately not! He needs to create 10 full-time positions and employ people who are authorized to work in the United States, such as U.S. citizens, green card holders, etc.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    No, the EB-5 petitioner does not count toward the requirement that ten jobs be created for U.S. workers.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    No.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    A direct EB-5 investor can work for his own direct EB-5 business, but will not count toward the 10-jobs requirement.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    It is my opinion that he would count if he is a U.S. citizen or permanent resident.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Unfortunately no, the investor does not count toward the 10 jobs created.

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