Can I hire family members to fulfill the job requirements in EB-5?

Under EB-5, it is possible to hire family members to fill positions that count toward the required jobs, provided those hires are legitimate. The program expects to see real, full-time jobs that are necessary to the operation of the business and held by qualified workers.

The key issue is intent. If a relative is hired on merit and performs a function essential to the business, the position may qualify. What authorities look at closely is the risk of hires made solely to formally satisfy the job count without genuine substance.

• Positions held by family members can count when they are real and necessary.
• The hiring must follow objective criteria of merit and function.
• Hiring relatives only to fill numbers can jeopardize the petition.

For this reason, the best approach is to conduct these hires genuinely, with clear processes and job descriptions, and to verify the current rules at the official source (USCIS) with the support of a specialist.

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.