Does EB-5 require workers’ compensation insurance?

The EB-5 program does not require investors to obtain workers’ compensation insurance as a condition of the visa. What the program evaluates is the capital investment in a qualifying enterprise and the jobs it creates, not the procurement of a specific insurance policy.

The obligation for this type of coverage comes from a different source: federal, state, and local labor laws that apply to any business employing people in the United States. If the EB-5-funded project hires employees, it must comply with those rules like any other company, and workers’ compensation insurance may be part of that set of obligations.

In practice, it helps to separate two distinct layers:

• The immigration layer, where EB-5 requires a qualifying investment and job creation.
• The labor and regulatory layer, where the enterprise must follow the rules of its industry and the state where it operates.

Because labor requirements vary by business activity and location, it is advisable to confirm what applies to your specific project with an accountant or attorney in the United States and to verify the program’s requirements directly from the official source (USCIS) before structuring the investment.

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.