Questions and Answers > EB-5 Investments

If I do EB-5 direct investment, how can I hire my friends and family members?

May I personally hire my friends or family members for an EB-5 direct investment in addition to the jobs that need to go to American citizens?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on May 24, 2021

  Yes, so long as you have at least 10 unrelated employees who are legally authorized to work in the U.S.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 21, 2021

  Only U.S. workers can be counted; generally, U.S. citizens and green card holders. Specifically, a qualifying employee is a U.S. citizen, lawful permanent resident, or other immigrant authorized to work in the United States, including a conditional resident, temporary resident, asylee, refugee, or a person residing in the United States under suspension of deportation. This definition does not include immigrant investors; their spouses, sons, or daughters; or any alien in any nonimmigrant status.

• Linda Liang

  Immigration Attorney

  Answered on May 20, 2021

  The requirement for U.S. enterprise is as follows: the investment must be made in a for-profit U.S. commercial entity. The investment must create 10 full-time U.S. jobs within the first two years after conditional residency is granted. Hence, you cannot "personally" hire your friends or family but the U.S. company you hold stocks can.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on May 20, 2021

  You can hire friends and family to fill the permanent full-time positions created by your new commercial enterprise, but if you hire your spouse, sons, or daughters, they will not count toward meeting the job creation requirement. All employees must be qualifying employees and authorized to work. No nonimmigrant can be a qualifying employee.

• Dale Schwartz

  Immigration Attorney

  Answered on May 20, 2021

  Yes you can, if they have work permission.