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What are the rules pertaining to the aggregation of part-time employees for EB-5 purposes?

I understand that a full-time employee has to work 35 hours a week. For example, could I have an employee that works 15 hours a week and another that worked 20 hours? What are the rules pertaining to the aggregation of part-time employees for EB-5 purposes?

Answers

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    You would be precluded from using part time positions to fulfill job requirement. You could, however, create 10 full-time positions and use a job sharing arrangement to be in compliance with the requirements.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Part-time jobs do not count for EB-5 job creation. Only full-time jobs count. That said, two employees could share one full-time position. Such an arrangement would qualify as one full-time job created.

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    Ed Beshara

    Immigration Attorney
    Answered on

    In a direct EB-5 model there has to be full time employment for one employee.

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