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How does job calculation affect the likelihood of USCIS approval?

I am looking to invest in a loan-based regional center. However, 95 percent of the projected job creation is indirect. Will that be a problem with USCIS? Does the regional center have to prove that the indirect jobs are full time jobs and permanent? Does it also have to prove that jobs are created within the regional center boundaries at the I-829 stage, and if yes, how does it prove this?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As long as the job creation methodology is reasonable, i.e., based upon commonly-accepted economic methods, like IMPLAN or RIMS II, the USCIS will accept it and credit the indirect/induced job creation. The most important part of the economic methodology is the multiplier and the basis for the inputs. The multiplier will come from the economist focusing on the particular industry and the appropriate methodology. The inputs will come from the business plan and must be based upon verifiable data. The business plan must be credible and feasible. As long as these requirements are met and the investment is sustained for the required period of time, there should be no problem in getting the I-829 approved. The job creation methodology will provide a breakdown to show that the jobs are full-time and permanent and that they are created within the regional center''s geographic area. If the inputs are proven true at the I-829 stage, then the credit is given because the final indirect job creation figure is determined by running the inputs through the multiplier to provide the resulting indirect jobs creation per EB-5 investor.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    In the regional center plan there should be a calculation for both qualified direct and indirect job creation.

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    Ed Beshara

    Immigration Attorney
    Answered on

    In a regional center EB-5 project, the EB-5 regulations and policies allow the required job creation to be based on indirect calculations. The accepted economic methodologies can show indirect job creation inside and outside the geographical boundaries of the regional center.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Regional centers that are approved by USCIS are the only vehicles allowing for indirect/induced job creation backed up by a job impacts/economic report based on an approved methodology. This is actually a benefit that EB-5 investors enjoy to avoid direct job creation of at least 10 full-time permanent jobs (at least 35 hours a week) in a direct investment setting.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Regional centers allow indirect and induced job creation. Proof of this requires an economic report using certain approved methodology, and a comprehensive business plan.

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    John J Downey

    Immigration Attorney
    Answered on

    Indirect jobs are counted. You should be represented by your own attorney, preferably one familiar with EB-5, and have the lawyer perform due diligence on the center and project.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The reason that the regional center projects are in demand is the fact that they are the only business/project that can count the indirect or induced jobs. Other businesses that are not designated regional centers can only count direct jobs backed by W-2s and I-9s as proof.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    The USCIS is contingent partly upon the job creation, in that if a sufficient number of jobs are not created to meet the 10 jobs per investor allocation, then your petition can be denied. However, there is no requirement that it be a direct jobs, they can all be indirect, and in fact many prefer that it be indirect.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Indirect full time jobs created, when filing through a regional center, may be calculated toward the requisite job creation for EB-5 processing. Jobs created outside the regional center boundaries may also be counted.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They will look at the economic analysis on the job creation that is provided by the regional center. This is usually shown in the business plan as well. Ask to see these documents.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Indirect job creation, if it is the sole method being used by the regional center project, is acceptable. In fact, it is accepted and preferred by many EB-5 projects to only count the indirect and induced effects from the expenditures. That is, while there may be direct jobs on site of the premises of the project, you do not have to count them. USCIS has also made it policy that indirect jobs that occur outside the regional center boundaries are permissible. Direct jobs, as applicable, will need to occur within the geographic boundaries of the regional center. Further, as it should be explained and provided in an economist''s study, all of the jobs that are created through its methodology are considered to be permanent jobs. This has been accepted by USCIS.

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