I am planning on investing in a mom-and-pop restaurant project to get an EB-5 visa. The two owners, who are husband and wife, plan to co-manage the business part-time, sharing the responsibilities of a single manager role. Will this count as one job or two jobs?
In a direct EB-5 business, One full-time job can be performed by two employees. However, these two employees would equal one full-time employee. Alternatively, you may wish to convert your direct EB-5 Business into an EB-5 regional center business in which you can satisfy the job requirements by indirect jobs. This approach is very helpful for smaller businesses.
The requirement for job creation is 10+ full-time, permanent jobs, not 10 people employed. Thus, if the husband and wife are sharing one job, as the Manager, that will be one job created. If you intend to use at least one or more job-sharing position as part of the evidence on 10 jobs creation, your business plan and organizational structures and chart must be tight to clearly show that there are, in fact, 10+ full-time jobs being created. Please work with experienced, EB-5 plan writer and a corporate lawyer who has EB-5 experience to make sure that the business plan is structured and documented properly for EB-5 filing.
If it is two part-time jobs, the answer is zero. If it is one full-time position that is shared by two people, however, the answer is one.
A shared job can count as 1 for the 10+ requirement, but part-time jobs do not count.
Part-time jobs do not count towards the job creation requirement. “Job sharing” qualifies, which means that if 2 people share one full-time (35 hours per week) job, that would count as 1 qualifying job being created. In addition, employment by the investor or his/her immediate family also does not count towards the required job creation. So, if the manager role is determined to be a full-time position (as it appears to be), two people can share that job to create one qualifying job. However, if either is the EB-5 applicant, it would be discounted for that reason.
Part-time jobs do not count at all. Part-time employees sharing a full-time position under a job-sharing arrangement (preferably in writing) will count as one full-time job. In your situation, if you can document the full-time manager position will be shared by two part-time employees, then it will count as one job.
Two part-time jobs can count as one job as long as it adds up and they are paid employees that receive a W-2 form. So, that would be one job and you still need to create 9 additional jobs.
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