Bernard P Wolfsdorf
Immigration Attorney
Answered on
No, only US workers count and not H-1Bs. Citizens, green card holders and certain refugees and asylees.
Can an H-1B holder count towards 10 qualifying employees required under an EB-5 I-526? What about permanent green card holders?
No, only US workers count and not H-1Bs. Citizens, green card holders and certain refugees and asylees.
Yes, employees in H-1B status or employees who are U.S. permanent residents count toward the ten qualifying employees.
You can count green card holders but not nonimmigrant visa holders.