If I open a branch and already have 10 employees, does it count for EB-5?

The EB-5 visa is a program designed to encourage investments that create jobs in the United States, while also enabling the investor to obtain permanent residency. The main focus of this program is investment that results in the creation or preservation of at least 10 direct jobs for American workers, as a way to boost the local economy.

In the case of considering the opening of a branch of a foreign company that already employs 10 people, it is important to analyze how these jobs are positioned within the context of the EB-5. Normally, the requirement is that the investment directly results in the creation of 10 new jobs.

If the 10 jobs in question already existed prior to the investment or expansion, there may be difficulties in counting those jobs as a direct result of the EB-5 investment. Therefore, the business structure and how the investment will be applied – whether to create new positions or to expand operations that demonstrably generate more jobs – are elements the U.S. Citizenship and Immigration Services will rigorously evaluate.

Additionally, it is worth remembering that the jobs must be for workers who are legally authorized to work in the United States and that documentation and records must clearly demonstrate the relationship between the investment and the creation of the jobs.

Each situation is unique, and there are several operational and legal details that must be considered. Lastly, it is essential to emphasize the importance of complying with all rules and requirements of U.S. immigration law. Consulting specialized professionals and avoiding offers or campaigns that promise results without proper analysis is crucial to conducting the process correctly and safely.

In this way, the investor protects themselves from potential pitfalls and guarantees that the entire procedure is in accordance with the law.

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.