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How do we attribute jobs only to the EB-5 investor?

Is it a problem if the EB-5 investor invests $500,000 and a U.S. citizen invests $250,000 and 10 jobs are created? Do we have to show more jobs are created since we have two investors, even though the second investor is a U.S. citizen and does not need an EB-5 visa? How do we attribute the 10 jobs to only the EB-5 investor?

Answers

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    Yazen Abdin

    Immigration Attorney
    Answered on

    As the EB-5 program currently stands, the jobs created are attributed to the foreign investor.

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    Barbara Suri

    Immigration Attorney
    Answered on

    There is NO requirement that an investment by a U.S. citizen create 10 jobs. That requirement applies to the foreign investor. Most times this is usually detailed in the business plan.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Although there may be changes in the future when the program is to be renewed, currently, all of the jobs created by the investment will be credited to the EB-5 investor(s), even if other funds are invested from non-EB-5 sources.

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    John J Downey

    Immigration Attorney
    Answered on

    All the jobs are attributed to the EB-5 investor. Any investment by someone other than an EB-5 is just an investment for profit and jobs are not attributed to their investment.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is the foreign investor's fund that counts in a situation where the funds of both foreign investors and U.S. citizens are combined as part of a joint venture. However, it is advisable that the attribution be well-delineated (a sort of cash flow analysis and its effects on creation of jobs) to avoid assigning a significant part of the jobs created to the second investor who happened to be a U.S. citizen.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You would show the expenditures from the EB-5 funds. Please consult with an EB-5 attorney and economist for assistance.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You could specify in the business plan. The job creation requirement is for each EB-5 investor. In your situation, there is only one EB-5 investor. Please note, however, the EB-5 investment of $500,000 is only if the business is certified by the state as being located in a Targeted Employment Area (TEA). Otherwise, the minimum EB-5 investment requirement is $1 million.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    At the moment this is not an issue and USCIS allows all jobs to be attributed to the foreign national.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The funds must come from the EB-5 investor, even if it is in terms of a loan from the U.S. citizen. The investment must be by and through the foreign EB-5 investor.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    The job creation requirement only applies to the immigrant investor. This question is best addressed by consulting with an experienced EB-5 investment attorney.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You can allocate the 10 jobs to the EB-5 investor.

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