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 attorneysNo. 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 attorneysThe investor and his/her immediate family members do not count toward the job-creation requirement.
Bernard P Wolfsdorf
Immigration attorneysNo, 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.
BoBi Ahn
Immigration attorneysUnfortunately no, the investor does not count toward the 10 jobs created.
Barbara Suri
Immigration attorneysIt is my opinion that he would count if he is a U.S. citizen or permanent resident.
Phuong Le
Immigration attorneysA direct EB-5 investor can work for his own direct EB-5 business, but will not count toward the 10-jobs requirement.
Charles Foster
Immigration attorneysNo, the EB-5 petitioner does not count toward the requirement that ten jobs be created for U.S. workers.
Marko Issever
EB-5 Broker DealersUnfortunately 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.
Julia Roussinova
Immigration attorneysNeither the EB-5 petitioner nor his spouse/child(ren) count toward the minimum required job creation in a direct EB-5 case.
Blake Harrison
Immigration attorneysUnfortunately, the petitioner cannot be counted toward the 10-job creation requirement.
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