Can I create a nonprofit and count the jobs for the EB-5?

No. The EB-5 program requires that the investment be made in a for-profit commercial enterprise capable of creating jobs for workers in the United States. A nonprofit organization, by its very nature, does not fit that model, even if it employs people and has meaningful social impact.

The program was designed to stimulate the economy through businesses that seek financial return and commercial viability. The for-profit purpose and the commercial sustainability of the enterprise are precisely what underpins the job-creation requirement, something that the structure of a nonprofit tends not to satisfy.

In addition, the EB-5 has specific rules on how jobs are counted and documented: applicants must demonstrate a clear link between the investment and the positions created, following the standards set by USCIS. A nonprofit organization will generally have difficulty meeting those counting and investment-viability criteria.

If your goal is to immigrate through investment, it is worth reviewing the current rules on the USCIS website and consulting a specialist to identify which commercial structure best fits your profile, while avoiding promises of easy outcomes.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.