Questions and Answers > EB-5 Investments

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

• Daniel A Zeft

  Immigration Attorney

  Answered on July 11, 2019

  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.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 8, 2019

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

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on July 2, 2019

  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.

• Mitch Wexler

  Immigration Attorney

  Answered on July 1, 2019

  No, and neither does immediate family.

• Salvatore Picataggio

  Immigration Attorney

  Answered on July 1, 2019

  Nope, nor does any family member.

• Julia Roussinova

  Immigration Attorney

  Answered on July 1, 2019

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

• Sally Amirghahari

  Immigration Attorney

  Answered on July 1, 2019

  Generally, no.

• Blake Harrison

  Immigration Attorney

  Answered on July 1, 2019

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

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on July 1, 2019

  No, the petitioner does not count.

• Marko Issever

  EB-5 Broker Dealer

  Answered on July 1, 2019

  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.

• Charles Foster

  Immigration Attorney

  Answered on July 1, 2019

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

• Dale Schwartz

  Immigration Attorney

  Answered on July 1, 2019

  No.

• Lynne Feldman

  Immigration Attorney

  Answered on July 1, 2019

  No.

• Hassan Elkhalil

  Immigration Attorney

  Answered on July 1, 2019

  No.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on July 1, 2019

  No, he doesn't count.

• Phuong Le

  Immigration Attorney

  Answered on July 1, 2019

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

• Barbara Suri

  Immigration Attorney

  Answered on July 1, 2019

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

• BoBi Ahn

  Immigration Attorney

  Answered on July 1, 2019

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