Can I employ family members in the 10 jobs?

The EB-5 program was created to encourage investments that generate real and permanent jobs in the United States. A common question is whether it is possible to employ family members to fill the 10 jobs required by the EB-5 visa. This issue deserves attention and careful analysis from the perspective of immigration rules and employment practices.

In the context of EB-5, the important thing is to demonstrate that your investment is creating legitimate, full-time jobs for qualified workers, according to the standards established by the U.S. Immigration Department. If family members are hired for positions that meet the program’s requirements, that is, that are real, necessary for the business operation, and fulfill the obligations of a full-time position, there is a possibility that these jobs can be counted.

However, it is essential that these hirings are based on objective merit criteria and that the family members genuinely perform essential functions for the company’s operation. Caution must be taken to avoid configuring the hiring of relatives as a strategy merely to meet the minimum number of required jobs. U.S. authorities pay special attention to situations where there may be signs of manipulation of job numbers to satisfy the program’s requirements.

Thus, it is advisable that the hiring occur in a genuine manner, with proper selection processes and clear job descriptions and responsibilities. Always remember the importance of strictly following U.S. immigration laws, seeking guidance from companies or professionals specialized in the area, and being cautious with unrealistic promises of results that may be offered in dubious marketing campaigns.

This approach helps avoid future problems and ensures that all steps of the process are carried out in compliance with the current legislation.

In summary, employing family members to fill the 10 jobs required by EB-5 can be an option, provided the employment relationship is legitimate, the functions performed meet the visa requirements, and it is not merely a formal strategy to fill the required position. Each case must be carefully analyzed, always taking into account the rules and intent of the program.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.