If I open a branch that already has employees, does that count for EB-5?

Generally, no. The logic of EB-5 is that jobs must be new and a direct result of the investment. Positions that existed before the capital was contributed, on their own, typically do not count as job creation for the program.

In the scenario of opening a branch of a company that already has employees, what USCIS examines is the causal link between your investment and the positions. If the workers were already employed beforehand, it becomes difficult to present those jobs as something generated by the capital you are now committing.

There are nuances, such as expansion operations that demonstrably grow the workforce, or specific situations involving troubled businesses, where the counting follows its own rules. In all cases, the key is to document clearly the connection between the investment and the jobs, and that those positions are filled by workers authorized to work in the United States.

• General rule: only jobs created by the investment count.
• Pre-existing positions, standing alone, tend not to count.
• Expansion and special cases receive their own treatment and require robust evidence.

Because each structure is examined closely, it is worth evaluating your situation with specialized guidance and confirming the current requirements at the official source (USCIS) before relying on already-existing jobs.

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.