Who can qualify to be an employee of an EB-5 project?

Employee has to be US citizen or permanent resident and certain refugees and asylees. It also excludes investors' close family.

Employees must be authorized to work permanently in the U.S. – permanent residents, US citizens, asylees, refugees.

EB5 enterprises must create 10 jobs for qualifying employees. Qualifying employees means a United States citizen, a lawfully admitted permanent resident, or other immigrant lawfully authorized to be employed in the United States. If you have EAD from another program, you are qualified to
work for this EB5 enterprise.

Qualifying employee means a United States citizen, a lawfully admitted permanent resident, or other immigrant lawfully authorized to be employed in the United States including, but not limited to, a conditional resident, an asylee, a refugee, or an alien remaining in the United States under suspension of deportation (withholding granted). This definition does not include the alien entrepreneur, the alien entrepreneur’s spouse, sons, or daughters, or any nonimmigrant alien.

The USCIS policy manual confirms this point: For the purpose of the job creation requirement, the employee must be a qualifying employee. A qualifying employee is a U.S. citizen, a lawfully admitted permanent resident, or other immigrant lawfully authorized for employment in the United States including, but not limited to, a conditional resident, a temporary resident, an asylee, a refugee, or a noncitizen remaining in the United States under suspension of deportation. This definition does not include the immigrant investor, the immigrant investor’s spouse, sons, daughters, or any nonimmigrant.