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How can I count construction jobs toward the 10 job requirement?

I am considering investing in a hotel for my EB-5 investment. The hotel would be built from scratch and would require many workers for construction that will probably be employed for many years to constantly improve the structure. Are there certain requirements that must be met in order for these jobs to count toward the 10 job requirement?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The construction jobs must be full-time and last a minimum of two years. If you invest through a regional center, indirect and induced jobs may be counted towards the job requirement.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Construction jobs can be counted toward the 10 job requirement, but they must be full time and last for 2 years. In your case, building a hotel normally does not need 2 year construction. Setting up through a regional center is the best way to go.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Jobs to be counted for EB-5 purposes have to be full time jobs and permanent, which is a term with its own EB-5 definition to mean a job lasting at least 2 years. If this investment is through a regional center, you can also count indirect and induced jobs to meet the requirements. It is important to retain qualified EB5 counsel, like our law firm, work with a qualified EB5 economist and ensure compliance with the current rules and regulations.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Hello. Your question can be somewhat complex. The answer is "yes," you may count construction jobs. But, if you are building a hotel, you may want to considering being adopted by a RC which will allow you to count indirect and induced jobs as well. This is the safest way to ensure what you will have no issues as to job creation.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    For any full-time construction jobs to count directly, they must last at least two years. Otherwise, they can be used as part of the job creation methodology calculation for indirect job creation (if you are using a regional center and if the economist preparing the job impact study can include such indirect job creation).

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    Ed Beshara

    Immigration Attorney
    Answered on

    First, it is advisable to seek the services of an experienced EB-5 attorney and law firm such as ours, to assist you in the EB-5 compliance regarding the required employment creation through construction jobs. We have assisted many EB-5 clients in regard to hotel projects and the requirements for job creation. Second, it is advisable to contemplate having your EB-5 project associate with an existing EB-5 Regional Center so that you may show the required job creation through construction by using acceptable economic methodologies. Please note under an EB-5 Region Center hotel project, you can show that the required jobs are created indirectly through acceptable economic methodologies.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    For stand-alone direct projects the jobs must last at least 2 years and be full time 35 hours a week. When a regional center project claims a construction period exceeding 24 months, EB-5 investors can claim direct, indirect and induced jobs resulting from the construction phase activities and qualified construction expenditures. The latest USCIS adjudications trend challenges claims of construction jobs by means of requiring third-party validation of construction data and regional industry standards.

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