Can an H-1B holder count towards 10 qualifying employees required under an EB-5 I-526? What about permanent green card holders?
Answers

Bernard P Wolfsdorf
EB-5 Immigration attorneysNo, only US workers count and not H-1Bs. Citizens, green card holders and certain refugees and asylees.

Daniel A Zeft
EB-5 Immigration attorneysYes, employees in H-1B status or employees who are U.S. permanent residents count toward the ten qualifying employees.


Julia Roussinova
EB-5 Immigration attorneysYou can count green card holders but not nonimmigrant visa holders.

Belma Demirovic Chinchoy
EB-5 Immigration attorneysH-1B, no. LPR, USC, asylee, WOR, yes.
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