Can an H-1B holder count towards 10 qualifying employees required under an EB-5 I-526? What about permanent green card holders?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryNo, only US workers count and not H-1Bs. Citizens, green card holders and certain refugees and asylees.
Daniel A Zeft
Immigration Attorneys DirectoryYes, employees in H-1B status or employees who are U.S. permanent residents count toward the ten qualifying employees.
Julia Roussinova
Immigration Attorneys DirectoryYou can count green card holders but not nonimmigrant visa holders.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryH-1B, no. LPR, USC, asylee, WOR, yes.
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