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Can jobs created by the total capital be counted toward EB-5 requirements?

I am looking to invest in a regional center. However I can see from the job creation data that they are also using other capital besides EB-5 capital to calculate indirect jobs. Does the USCIS allow jobs created by the total capital to be counted towards EB-5 requirements?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    With the assistance of an experienced EB-5 economist, the economic report will show how the institutional funding combined with the EB-5 funding creates the required number of jobs.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Indirect jobs that meet the EB-5 requirement are those that have been "created collaterally" or as a result of capital invested in a commercial enterprise under a regional center. An aspect of the regional center requirements is to relax the job creation requirements for employment creation. The number of indirect jobs created through an investor''s capital investment is calculated based on a business plan and economic analysis that will be evaluated by the USCIS. Essentially, as long as 10 jobs are created - whether directly or collaterally (indirectly) - as a result of capital invested, it should meet the EB-5 requirement.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes. Regional centers are the only vehicle to benefit from an induced/indirect job creation.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The answer to your question is yes. EB-5 investors may claim job creation credit for the entire amount of full-time jobs created by the new commercial enterprise, even if there is non-EB-5 capital used in the project.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes. The jobs required under the EB-5 law are jobs created within the new commercial enterprise, but not jobs created by the investors. Jobs created by pooled investment within the new commercial enterprise can all be counted.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    This would depend on the kind of job creation methodology that the regional center uses. However, in most situations where the regional center uses the spending model based on construction spending for the total project, for example, they are able to count some or much of the non-EB-5 investments toward the construction and count those jobs. Please note that spending to purchase land or building to renovate by itself is considered passive investment and will not count toward job creating spending. Thus, only those funds that were being used for actual construction or some other job creating activities will be counted for job numbers.

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    James Wolf

    Immigration Attorney
    Answered on

    Yes - the EB-5 investors get credit for total job creation of the project, even if the EB-5 funding is a small part of the total project financing.m

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Yes the job creation is not limited to the EB-5 capital that is used in a project.

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