Can I hire relatives to create jobs under the EB-5?

Under the EB-5, hiring relatives is not automatically prohibited, but there is a key condition: the position must be legitimate and necessary to the operation of the business. What the program requires are real jobs, not fictitious positions created solely to satisfy the job-creation requirement.

The USCIS (U.S. immigration service) reviews each case for evidence that the investment generated genuine economic growth and actual employment. For this reason, hiring a relative requires showing that the decision has a functional basis and that the person meets the qualifications for the role.

• The position is real and necessary to the company’s operations.
• The relative meets the qualifications for the role.
• Recruitment and hiring comply with labor laws.

In other words, the family relationship itself is not disqualifying, but the job must stand on its own merits. It is worth reviewing the current requirements with USCIS and seeking specialized guidance before structuring your workforce.

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.