Can I import foreign workers to meet the job creation requirement?

No. The EB-5 program was created to encourage foreign investment in the U.S. economy while generating jobs for locally authorized workers. For this reason, the job creation requirement must benefit people who are already legally authorized to work in the country.

In practice, the jobs that count toward the program must be held by individuals with legal work authorization in the United States. Simply bringing in foreign workers from abroad to fill those positions does not satisfy the requirement, because the logic of the EB-5 is to create opportunities for the local workforce and boost the American economy.

• The required jobs must benefit workers who are authorized to work in the U.S.
• Importing foreign labor to fill those positions does not meet the requirement.
• The purpose of the program is to generate local jobs through investment.

Because job counting criteria are evaluated on a case-by-case basis, it is worth confirming the current rules with USCIS and structuring your project with the support of qualified professionals, avoiding any promises of guaranteed outcomes.

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.