When considering investment in the EB-5 program, it is essential to understand all the requirements and regulations governing both the immigration process and the business operational structure. A common question is whether it is possible to rely on volunteers to help reduce personnel costs.
In the EB-5 context, the main focus of the investment is the creation of jobs that meet the program’s criteria – typically, generating at least 10 full-time jobs for workers in the United States. This requirement is assessed based on the business structure and the formal jobs created, as defined by local labor and regulatory laws.
Using volunteer work to replace these jobs may not be acceptable, as volunteering generally does not create the necessary ties and records to prove the creation of formal and continuous employment. Furthermore, it is important to remember that employment initiatives in EB-5 must comply with United States labor laws. Employers must observe issues such as minimum wages, hours worked, and benefits that protect workers.
Utilizing volunteers for roles that would normally be performed by paid employees can raise concerns both during project evaluation and regarding the credibility of meeting the immigration program’s requirements. Therefore, if the goal is to save on personnel costs, it is ideal to seek alternatives that fully comply with the EB-5 program rules and applicable immigration and labor legislation.
It is always worth consulting specialists or firms with proven experience in this segment to avoid complications that may affect the approval of the immigration process. Beware of promises of easy results or paths that may actually constitute practices contrary to the law and consequently cause future problems. Following the rules is crucial not only for the success of the investment but also to ensure the integrity and sustainability of the enterprise.
Thus, the strategy of relying on volunteer work to reduce personnel costs is not recommended, as it may compromise both legal compliance and the specific EB-5 requirements.
Learn more about EB-5 Visa
- Type
- Investment Green Card
- Min. investment
- US$ 800,000
- Jobs created
- Minimum 10 (full-time)
- Processing
- 24-48 months
Victoria Harper
Editor-in-Chief
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.