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How can an EB-5 enterprise sponsor H-1B visas?

My parents plan to open an outpatient clinic in the U.S. as an EB-5 direct investment. My brother and I are currently working as physicians with H-1B visas. If my parents manage to set up the clinic, can we transfer our H-1B visas to their business? Can an EB-5 enterprise sponsor H-1B?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, an EB-5 enterprise can sponsor H-1B.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If there is a legitimate employer-employee relationhip such that you can be fired, then there is every reason why this case can be approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    On one hand, a U.S. company is a U.S. company, so I do not see why it wouldn't be able to sponsor H-1B employees. Please note, however, that having too many H-1B employees on staff may put you in the "H-1B-dependent employer" category and that since you are related to the EB-5 investor, your employment does not count toward their required 10 jobs.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    An EB-5 business can sponsor H-1Bs assuming you otherwise qualify. However, your positions will not be counted toward the minimum requisite EB-5 job creation because H-1B positions will be filled by non-immigrant visa holders (H-1Bs) or when the EB-5 principal investor is your parent.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Possibly some issues to be ironed out. Would there be a USC or PR owner of the clinic.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no prohibition in having the EB-5 enterprise being able to sponsor H-1Bs, as the entity is a U.S. entity. However, creating 10-plus jobs under EB-5 is for U.S. workers only, meaning citizens and green card holders, not H-1Bs. Also, any entrepreneurial visas, such as E-2 or EB-5, also will frown on hiring their own family to show that the business is adding to the economy or jobs were created. Thus, any economic or jobs requirement must exclude counting the family members. If your parents create the jobs and hire 10-plus additional workers (other than you and your brother) at their clinic, then it will be acceptable for their EB-5 requirements.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    In a word, yes.

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    Charles Foster

    Immigration Attorney
    Answered on

    Any bona fide business in the United States can file H-1B petitions on behalf of third parties, which can include the outpatient clinic owned by your parents. Your current H-1B visa could be "transferred" to a new enterprise for-profit, provided that your initial H-1B was not obtained through a cap exempt nonprofit institution of higher education. The fact that your parents own the enterprise may subject the petition to greater scrutiny.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, the commercial enterprise created with your parents' EB-5 investment may sponsor for H-1B; however, the jobs created and filled by you and your brother would not count toward the requisite 10 jobs created for EB-5 purposes.

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