If my business generates seasonal jobs, do they count for EB-5?

The short answer is that it depends on how the jobs are structured. EB-5 requires the creation of permanent, full-time positions for qualifying workers, and it is that criterion, not the industry, that determines whether the jobs count.

Strictly seasonal positions, those that exist only for part of the year and disappear during the remainder, typically struggle to meet the permanence and full-time requirements. As a result, they often cannot be counted on their own toward the program.

What tends to make businesses with a seasonal component viable is restructuring roles so they exist year-round, or combining operations that keep the team continuously employed. Each case is evaluated individually, looking at the operational structure and the work cycle.

Because the program’s job definitions and requirements can change, confirm the current rules with the official source (USCIS) and build your business plan with a specialist before relying on seasonal positions.

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.