If my company hires independent consultants, does that count as employment?

For the EB-5 visa, one of the central points is the creation of direct jobs for U.S. workers. In this context, it is important to understand how the definition of “employment” is applied by USCIS (U.S. Citizenship and Immigration Services).

When a company hires independent consultants to provide services, these professionals are generally not considered direct employees. In other words, the consulting contractual relationship-where the professional operates autonomously and normally manages their own tax and labor obligations-does not meet the requirement that the jobs created be direct and full-time, as required by the EB-5 program.

Furthermore, for jobs to be considered qualified within the program, it is necessary to demonstrate that they arose as a direct result of the investment in the project company, integrating permanently into its structure. Hiring independent service providers or consultants usually does not fulfill this requirement, as these professionals maintain a working relationship different from the creation of formal and continuous employment positions within the organization.

It is always worth emphasizing the importance of complying with U.S. immigration laws and seeking direct advice from specialized professionals before making any decisions. The scenario is very stringent, and specific details can affect your project. Be aware of potential scams or marketing campaigns that promise quick and easy results, as the best strategy is to rely on well-founded guidance and the correct application of current regulations.

I hope this explanation has helped clarify your doubt and that you continue to seek information from reliable sources and qualified professionals for your specific case.

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.