EB-5 Job Creation

Key Requirements for Immigrant Investors

The job creation or preservation must be demonstrated before the I-526 petition is filed. Alternatively, a detailed business plan can be submitted to show that jobs will be created within the investor's two-year conditional residency period. The jobs must be sustained until the I-829 petition is filed to remove the conditions.
Types of Jobs Created in EB-5 Projects

Jobs created through EB-5 investments can be classified into direct, indirect, or induced jobs. In some cases, the EB-5 visa applicant may need to prove that their investment directly resulted in the creation of direct jobs within the business that received the EB-5 capital.

Job Creation for Regional Center Projects and Direct Investments
The EB-5 Regional Center program was introduced in 1992 under the Immigrant Investor Pilot Program. A regional center is an economic unit approved by United States Citizenship and Immigration Services (USCIS) that allows for the counting of both direct and indirect jobs towards the job creation requirements for EB-5 investments.
Regional Center Projects
A regional center can be either a private or public entity that aims to boost economic growth, improve productivity, and increase job creation in a particular area. These centers must be designated by USCIS and demonstrate through economic models how EB-5 capital will generate jobs and positively impact the region. One of the key advantages of investing through an EB-5 Regional Center is the ability to count indirect and induced jobs, as well as direct jobs, towards meeting the job creation requirements.
Direct Investments
On the other hand, for direct EB-5 investments, the foreign investor must create 10 full-time direct jobs within the business that received the investment. These jobs must be identifiable and actual positions for qualified U.S. workers.
Understanding Direct Jobs
Direct jobs are actual positions within the business that the investor has funded. These jobs must be full-time, meaning that each position offers at least 35 hours of work per week. In some cases, a job-sharing arrangement can fulfill this requirement, as long as the combined hours of job-sharing employees add up to a full-time role.
Indirect and Induced Jobs

• Indirect jobs are those created in businesses or enterprises affiliated with the EB-5 Regional Center, such as suppliers of goods or services. These jobs can only be counted if the investment is made through a USCIS-designated regional center.
• Induced jobs are created in the local community due to increased spending by employees of the EB-5 projects. These positions are indirectly linked to the economic activity stimulated by investment.

Qualified Employees for Job Creation

USCIS defines a qualified employee as anyone legally authorized to work in the United States, which includes U.S. citizens, permanent residents, and some individuals under suspension of deportation or with other specific immigration statuses. Employees who do not meet these criteria, such as the foreign entrepreneur or the investor’s family members, cannot be counted towards the job creation requirement.

Troubled Business Jobs

USCIS allows the counting of preserved jobs in troubled businesses. A troubled business is one that has faced a net loss of at least 20% of its value in the 12 to 24 months prior to the I-526 petition submission. Only these preserved jobs can be counted under the EB-5 program.

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