Can I hire foreigners with work visas to make up the 10 jobs?

The EB-5 program aims to encourage investments that stimulate job creation for workers operating in the United States. To qualify, the investment must generate at least 10 full-time jobs.

A common question that arises is whether these jobs can be occupied by foreigners who hold work visas, and this matter deserves careful analysis. In general terms, the concept of “worker” considered by the EB-5 program includes anyone who is legally authorized to work in the United States, regardless of their nationality.

That is, if a foreigner holds a work visa granting them unrestricted authorization to work, the job occupied by this person can be included in the count of the 10 required jobs, provided all other established requirements are met, such as the requirement that it be a full-time job.

However, it is essential to ensure that the position is considered appropriate according to current regulations and that the employment contract and other documents prove the legal authorization of the professional to work in the U.S.

It is worth emphasizing that strict compliance with immigration laws is crucial to avoid future complications. Therefore, it is recommended to seek advice from specialized professionals and be cautious with information from sources or marketing campaigns that promise quick or guaranteed results.

Each EB-5 project is unique and must be carefully analyzed to ensure that all criteria, including the correct counting of jobs, are met according to current legislation.

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.