If my company hires independent consultants, does that count as employment for the EB-5?

Generally, no. In the EB-5 direct investment category, one of the central requirements is the creation of direct jobs for workers in the United States, and USCIS carefully evaluates what qualifies under that definition.

When a company hires independent consultants, these professionals typically operate autonomously, managing their own obligations and without integrating on a permanent basis into the company’s structure. As a result, they are generally not counted as direct employees for purposes of the program.

For a position to count, it must be demonstrated that it resulted from the investment and forms part of the ongoing business operation, with a formal employment relationship. Engaging independent contractors typically does not meet this requirement, precisely because it differs in nature from a stable employment relationship.

Since the rules for counting qualifying jobs are detailed and each case has its own specifics, it is worth checking the current requirements on the USCIS website and reviewing your project’s structure with a specialist before making decisions.

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Victoria Harper

Editor-in-Chief

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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.