Would 1099 contractors devoted solely to the new commercial enterprise qualify for the 10 required jobs? Or are W-2 workers the only suitable option for EB-5?
Answers

Irina Lust
Find the Best EB5 Visa LawyersYou must create full-time employment for at least ten positions for qualifying United States workers. Employment is defined in terms of the position, not the person, requiring full-time (35 hours/week) employment.

Charles Foster
Find the Best EB5 Visa LawyersNo. Independent contractors do not count. The investment must create 10 full-time jobs for U.S. workers or, as you stated, W-2 workers.

BoBi Ahn
Find the Best EB5 Visa LawyersOnly FULL-TIME jobs can be counted toward the 10 requisite job creation and 1099s would not qualify as they would not be considered employees.

Anthony Korda
Find the Best EB5 Visa LawyersThis will depend on whether the project you invest through a regional center or if you are making a direct EB-5 investment. If the project is located within a designated regional center, indirect jobs will be counted. Accordingly, contractors and 1099''s are permissible. However, in a direct investment, only direct jobs (i.e. employees) are counted.

Jon Eric Garde
Find the Best EB5 Visa LawyersYou need to create ten employees, meaning those receiving W-2s.

Julia Roussinova
Find the Best EB5 Visa LawyersIn a direct EB-5 investment case, you need to hire employees who will fill at least 10 full-time direct positions (at least 35 hours a week). Employees may be combined to fill one full-time position but you cannot count two part-time positions as one full-time position.


Jinhee Wilde
Find the Best EB5 Visa LawyersThe new business enterprise must create 10+ full-time, permanent jobs backed by W-2 and I-9 forms. 1099 independent contractors will not suffice.

Vaughan de Kirby
Find the Best EB5 Visa LawyersThe new commercial enterprise must create ten full-time jobs; this would not include temporary contract workers.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.