Can I open a construction company and count construction workers?

Yes. Under EB-5, you can open and run whatever business you choose, including a construction company, and the workers on your job sites can count toward the employment creation requirement. The key lies in how those positions are qualified.

To satisfy the program’s job creation requirement, the positions must qualify as direct, full-time jobs under EB-5 standards. In other words, activity on a job site alone is not enough: you must demonstrate, with proper documentation, that these are real and permanent positions.

• Show that the positions qualify as direct, full-time jobs.
• Document recruitment, retention, and the structure of your workforce.
• A detailed business plan supporting those jobs is typically required.

Proper structuring makes a real difference: documentation gaps can jeopardize the petition. It is therefore worth confirming the current requirements with USCIS and building the project with the support of qualified professionals.

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.