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Can a foreign worker be hired by an EB-5 investor?

While it is possible for an EB-5 business to sponsor a foreign worker, doing so is complex and unadvisable. If, however, a foreign worker is successfully sponsored, he/she may or may not fulfill the requirements of a qualified U.S. worker, in which case the position filled by the foreign worker would not be counted for job creation purposes. Anyone considering such a plan should consult an experienced EB-5 immigration attorney before proceeding.