Can I subcontract employees from another company?

Thank you for the question and the opportunity to clarify an important point about the EB-5 visa. This United States immigration program requires that the investment project creates a minimum number of direct jobs for U.S. workers, which makes it essential to understand which business structures can adequately meet this requirement.

In general, subcontracting employees – that is, using workers who belong to another company through a service contract – may not be considered as direct job creation, as required by the EB-5 program. The EB-5 visa has specific rules regarding how jobs must be generated; normally, only positions that are created and maintained directly by the financed enterprise count toward meeting the minimum number of jobs established.

Thus, if the subcontracted employees are formally employed by another company, they may not fulfill the count required by the immigration authorities. It is very important to highlight that each case may have specific nuances, and it is necessary to analyze the contractual details, the operational structure of the investment project, and current USCIS (United States Citizenship and Immigration Services) guidelines.

Investors and entrepreneurs should seek to understand how their business decisions align with the legal standards and criteria required by the EB-5 program. Finally, I emphasize the importance of strictly following United States immigration laws and relying on guidance from professionals specialized in this area. Additionally, be cautious of offers promising easy or guaranteed solutions, as these may turn out to be traps.

Consulting reliable sources and seeking partners or consultancies with good reputation and specific knowledge in this field are essential measures to avoid setbacks. I hope this explanation has been useful to better understand this critical aspect of the EB-5 program.

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.