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Questions and Answers > EB-5 Direct Investments

What are the qualification requirements of the 10 full-time employees for direct EB-5?

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

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Answers

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    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.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Yes, employees in H-1B status or employees who are U.S. permanent residents count toward the ten qualifying employees.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Green card holders count but not H-1Bs.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You can count green card holders but not nonimmigrant visa holders.