I want to start a business in America and use that to apply for a direct EB-5 visa. Can I bring some of my relatives along to work in the company? I also want to bring my wife and three children. Also, do I apply first and then start the company or do I come to the US on a tourist visa and then start the company and then apply for EB-5?
Your family can be included (kids under 21 only) with the process, and they can work for the company, but they will NOT count toward the 10 required positions. If you come here and file the I-526 petition, you will have to maintain lawful status or else leave the U.S. I-526 petitions by themselves do not allow one to remain here.
I recommend setting up a legal entity and not operating as a sole proprietor as the entity will be your petitioner. You are not able to work in the business unless you also have a nonimmigrant work authorized status. There are two stages to the conditional residence through the EB-5 program. The first stage may take 3-5 years and there is no ability to bring your family or to work until you have a work permit with the second stage or have been granted an immigrant visa.
Your spouse and minor children will be included in any visa you are issued. Depending on the business and your relatives'' skills, some may be granted work permits but you have to apply, and they must meet regulatory criteria. You can set up a business on a visitor''s visa but you cannot work. The work visa for investors is usually the E-2 but you have to have the correct passport to apply since only 81 countries have E-2 treaties with the US. So, if you do not have an E-2 treaty country passport, you will have to hire a manager to run the company.
