Can I hire foreigners with a green card in my EB-5?

The EB-5 program was created to encourage foreign investments that benefit the United States economy, mainly through job creation for workers in this country. It is natural to have doubts about hiring rules, and it is important to understand how each aspect of the program interacts with other legal obligations.

Regarding the hiring of foreigners who already have a green card, it is worth clarifying that the fact that an employee has permanent residence means they are legally authorized to work in the United States. Therefore, there is no specific restriction within the EB-5 context that prevents or conditions the hiring of employees who are green card holders, provided that all other obligations and requirements of the program are met.

In other words, the decision to hire these professionals must follow regular employment practices while ensuring that the investment continues to meet the job creation criteria, which is one of the fundamental points of the EB-5.

It is important to emphasize that the EB-5 requires the demonstration of a certain number of jobs, usually direct jobs, created by the project funded with the foreign investment. Therefore, even if hiring green card employees, the company must prove that the created jobs benefit the U.S. economy and align with the program parameters.

In this scenario, the workers’ nationality is not the central factor – what matters is that they are legally authorized to work in the United States and that the positions contribute to fulfilling the employment requirements.

Given such issues, it is always advisable to strictly follow immigration laws and applicable regulations, seeking specialized guidance whenever doubts arise. Consulting qualified immigration professionals and avoiding dubious offers or marketing campaigns can help maintain the safety and compliance of your EB-5 project.

Remember that clarity and compliance with legal requirements are fundamental for the success of any enterprise, especially in immigration programs such as EB-5.

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.