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How are construction jobs counted in an EB-5 project?

I am considering investing with the EB-5 visa and have a few options. A construction company would like me to invest with them to build two complexes. The facilities, together, will take over two years to construct. I've read that construction jobs can be counted if the project lasts over two years. But each facility will take less than two years. How are construction jobs counted in an EB-5 project? Can the construction company count employees who are building the two separate facilities over a two-year period?

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The new commercial enterprise in any direct EB-5 investment must create 10 full-time jobs. The full-time jobs must be permanent and not seasonal. For construction jobs lasting over two years, there should be a way to include construction of the two separate facilities into a single NCE business plan and project.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Based upon the projects being under the infrastructure if an EB-5 regional center, then the USCIS will accept indirect jobs to be created through expenditures on construction. You will need to hire an experienced EB-5 immigration attorney and economist to prepare approvable and required project documentation.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes, if projects are associated together and all other EB-5 program requirements are met.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That is a fairly accurate understanding. In general, jobs need to be permanent, and for construction jobs, that has been interpreted as jobs lasting for two years or more. Based on your overall EB-5 structure, created under the advisement of EB-5 immigration counsel, working closely with experienced EB-5 economists for job creation estimates using accepted economic methodologies, your proposed plan could be approvable.

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    John J Downey

    Immigration Attorney
    Answered on

    If both projects are tied together in the business plan you could call them phase one and phase two. That would keep the construction jobs for the two-year period.

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