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

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

On one hand, a U.S. company is a U.S. company, so I do not see why it wouldn&#39t 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.

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.

Yes, the commercial enterprise created with your parents&#39 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.

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.

In a word, yes.

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.

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

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.