Questions and Answers > EB-5 Investments

How can we work in my parent's EB-5 business?

My parents will be making a direct investment into their own business through the EB-5 visa program. My husband and I need to be there to help them successfully operate the business. Once they have hired 10 full time U.S. employees, can they sponsor my husband and me to work at their EB-5 business in addition to the other 10? So they would employ two foreigners and 10 U.S. citizens. If not, how can we legally go and work for them?

Answers

• Xiaosheng Huang

  Immigration Attorney

  Answered on May 23, 2016

  Your parents' company needs to file the work visa for you and your husband so that you can work for them and can be counted as one of the 10 employees. It is another procedure.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 19, 2016

  In order to legally work in the United States, a non-U.S. citizen needs either a nonimmigrant status that allows for work authorization or must have lawful permanent resident status (there are other exceptions such as temporary employment authorization). An immigration attorney can advise you on which nonimmigrant category could potentially work in your situation and/or give you advice about PERM labor certification through an offer of full-time employment (there are certain restrictions if there is a familial relationship between the owner and the proposed foreign worker).

• John J Downey

  Immigration Attorney

  Answered on April 14, 2016

  They cannot sponsor you through EB-5, as you can only hire citizens or permanent residents. However, if the new business has some ties with another business they own in their home country, you could look into the L-1 visa as a possibility.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on April 14, 2016

  There is nothing that prevents an investor in a direct investment circumstance from employing foreigners. Also, there are a number of work visa options that can be utilized; for an example, an H1-B visa. Based on your facts, one can successfully implement the EB-5 business plan as described. However, it is advisable that you consult an attorney.

• Xiao Wang

  Immigration Attorney

  Answered on April 14, 2016

  Without a working permit or visa, you can not work for the company that your parents invested in. Even if you work through some means in the company, it can not be calculated for the 10 full time jobs in your parents' EB-5 case.

• Jinhee Wilde

  Immigration Attorney

  Answered on April 14, 2016

  Any EB category sponsorship requires, except for EB-1, NIW and EB-5, that the employer must certify/attest that they are unable to find the suitable U.S. workers and thus must sponsor the foreign worker. This Labor Certification process is not easy and very detailed. The employer's attestation is under the penalty of perjury. Sponsoring family members for the employment-based category of visas is not advisable and must show that the business has the necessity of sponsoring a foreign worker over hiring a U.S. worker, which is not an easy requirement to overcome. Several clients of mine have done the EB-5 case for each unit of their family rather than trying to hire the family members through sponsorship.

• Ian E Scott

  Immigration Attorney

  Answered on April 14, 2016

  Your parents can sponsor you for any visa category that you would be eligible for (e.g. H-1B).

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 14, 2016

  You have to apply through your own regular skills. Your credentials need to be seen to determine your eligibility.

• Salvatore Picataggio

  Immigration Attorney

  Answered on April 14, 2016

  You are correct in that an EB-5 business cannot employ family of the investor. It may be possible, as U.S. employers, to petition for foreign workers, but that process can be very difficult, and it may be made harder by the fact that the potential employees are family. Have you also considered investing into the business?