Can I hire relatives as employees?

The EB-5 visa was created to attract investors who can generate jobs in the United States, encouraging investment in new businesses. A common question among investors is about the possibility of hiring relatives as employees. In principle, there is no rule that prohibits hiring relatives to work in the company financed by the EB-5 investment.

However, it is essential that these employees are hired legitimately and that the roles they perform actually contribute to job creation, as required by the program. This means that the relatives filling the positions must have a real function in the company, work an adequate number of hours, and not be merely nominal employees or hired to ‘fill headcount’, which could be interpreted as an attempt to circumvent the job creation rules.

Furthermore, it is crucial to comply with all U.S. immigration and labor laws and regulations. Hiring family members should not be used as a way to bypass the EB-5 program requirements. The responsible agencies, such as USCIS, carefully evaluate whether the jobs created are genuine and truly contribute to economic development as intended.

Due to this rigorous scrutiny, it is always recommended that investors have the support of specialized professionals and consultants who can provide precise guidance and ensure that all processes comply with the law. Finally, it is important to mention that, given the complexity of the EB-5 program and its many legal nuances, seeking information from reliable sources and consulting independent experts help avoid risks and ensure a better understanding of the process. Staying alert to dubious proposals or promises of quick results is essential to avoid scams and marketing campaigns that could compromise your investment and immigration plans.

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.