Can I hire foreign workers on work visas to meet the required job creation?

It depends, and this point requires careful attention. In the EB-5 program, what matters for the analysis is the creation of full-time positions required by the program, filled by individuals who qualify under the definition of qualifying employee. Who counts toward that total is governed by specific technical rules.

For this reason, it is not safe to assume that any employment relationship automatically counts. How foreign workers and different types of work authorization are treated in the job count is defined by USCIS criteria, and those criteria determine whether a specific position can or cannot be included.

In practice, this means the documentation must demonstrate both that the position meets the regulatory standard and the work authorization status of the person filling it. Every project is unique, and the accurate counting of jobs is a sensitive part of the review.

Because this area involves precise legal definitions, the most prudent course is to confirm the current rules with USCIS and structure the job count with the support of professionals who specialize in EB-5, avoiding assumptions that could jeopardize the petition.

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.