Can I open a construction company and count construction workers?

The EB-5 visa is an investment program that allows the investor to immigrate to the United States by creating or preserving at least 10 full-time jobs for U.S. citizens or residents. In general terms, the investor can open and manage any business they wish, including a construction company. However, it is important to understand how the counting of ‘construction workers’ fits into the job creation requirement of the program.

If you are considering opening a construction company, the key point will be to clearly and properly document that your company will generate the necessary jobs to meet the EB-5 criteria. This means that even if you hire workers or contractors for construction activities, these positions will need to be considered ‘direct jobs’ and demonstrate that they are full-time positions according to the program’s standards.

In some cases, it may be necessary to prepare a detailed business plan that shows how the employees will be recruited and retained, ensuring that the job creation requirement is fulfilled. Additionally, keep in mind that when investing in a construction company or any other type of business, it is essential to strictly follow United States immigration laws. The rules can be complex, and any oversight in documentation or structuring the project can jeopardize the immigration process.

Therefore, it is advisable to seek guidance from specialized professionals and experienced companies that can help structure the business to meet all legal and regulatory requirements. This approach not only increases the chances of success in the immigration process but also protects the investor against potential legal issues and scams.

In summary, yes, it is possible to open a construction company and count workers for the construction jobs, but it is imperative that you fully comply with the EB-5 program requirements. Plan carefully how the jobs will be generated, keep the documentation up to date, and rely on the support of specialized professionals to ensure all legal obligations are met during the investment and immigration process.

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.