Daniel A Zeft
Immigration AttorneyNo. The employees must be U.S. citizens, U.S. permanent residents, or others with U.S. employment authorization as provided in the applicable regulations.
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?
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.
The investor and his/her immediate family members do not count toward the job-creation requirement.
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.
Neither the EB-5 petitioner nor his spouse/child(ren) count toward the minimum required job creation in a direct EB-5 case.
Unfortunately, the petitioner cannot be counted toward the 10-job creation requirement.
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.
No, the EB-5 petitioner does not count toward the requirement that ten jobs be created for U.S. workers.
No.
A direct EB-5 investor can work for his own direct EB-5 business, but will not count toward the 10-jobs requirement.
It is my opinion that he would count if he is a U.S. citizen or permanent resident.
Unfortunately no, the investor does not count toward the 10 jobs created.