Can I employ relatives to reach the 10 jobs?

The EB-5 visa is an investment option that, besides requiring a capital infusion, mandates the creation of at least 10 jobs for workers in the United States. A common question is whether it is possible to employ relatives to meet this job creation goal.

In general terms, hiring relatives is not, in itself, prohibited. However, for a job to be considered valid within the EB-5 program, it is essential that it be genuine and meet clear criteria: it must be a full-time position that truly contributes to the operation and growth of the business. Immigration authorities assess whether the hiring was conducted transparently and if the role performed by the relative is genuinely indispensable to the company’s operation, rather than merely a strategy to formally fulfill the job creation requirement.

It is important to understand that the goal of the EB-5 is to promote the creation of real jobs and boost the country’s economy. Therefore, if there is evidence that the job was structured solely to ‘meet the target’ of the program, without a legitimate operational need, the authorities may decide that such a job does not meet the required criteria. For this reason, every hire should be supported by solid justification demonstrating the real necessity of that position in the company.

Finally, it is crucial to remind everyone that strictly following immigration laws is indispensable. Relying on specialized immigration professionals can help better understand the nuances of the process and avoid falling into fraud or miraculous promises offered by dubious marketing campaigns. Each case is analyzed individually by the authorities, and careful investment planning is essential to ensure that all requirements are fulfilled legitimately.

In summary, employing relatives may be possible if the hiring is based on the real needs of the business and not just to fulfill a formal requirement. It is always recommended to seek detailed information and, if necessary, specialized consultancy to ensure that every step complies with United States immigration laws.

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.