Defining a Valid US Employee for EB-5 Purposes
Individuals who are interested in obtaining an EB-5 visa are required to create or preserve 10 full-time jobs. This basic stipulation is aimed at boosting American communities through increased employment opportunities. However, the standards for an employee must meet the government’s definition of qualified worker. Failure to meet these standards means that an employee cannot be counted in this job creation requirement.
To talk about how the EB-5 visa program could be right for you and your family, contact the EB-5 attorneys of White & Associates by calling 818-730-3540 today.
What Is a Qualified Employee?
In order to fulfill the requirements as an investor in an EB-5 program, individuals need to make sure that they are creating jobs for individuals who can legally hold those jobs. An investor may need to exercise a certain amount of discretion when investing, as invalid job creation will work against their permanent residency hopes. The following definition is provided by the government for a qualified employee:
- Permanent residents
- Refugees or asylees
- Residents living under specific conditions
- Residents living under a stopped order for deportation
As they are not legally considered permanent residents until the completion of the EB-5 visa program, investors cannot count themselves or their family as qualified employees.
Contact Us
If you are looking for a faster way to enter the United States as a permanent resident, we may be able to help. For additional information regarding the EB-5 visa program, contact the EB-5 lawyers of White & Associates today at 818-730-3540.

