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How are full time equivalent positions counted by USCIS in an EB-5 visa?

In industries such as retail and fast food, employees are usually hired on a part-time basis. Is it acceptable to hire, for instance, 20 part time workers who are aggregating 350 hours per week, as this would be equivalent to hiring 10 full time workers working 35 hours each per week? i.e. How can we count full time equivalent jobs?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Full-time positions are calculated by the minimum requirement of 35 hours of work per week. Combining two part time positions will not qualify as a full-time position.

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    Rachel Lew

    Immigration Attorney
    Answered on

    The 10 positions must be full time, meaning employment of a qualified employee in a position that requires a minimum of 35 working hours per week. Although two employees may share a full-time position, part-time employment is specifically excluded. Therefore, a combination of two or more part-time positions will not qualify, even if they collectively meet the 35-hour per week requirement.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Full time positions are calculated as any position requiring 35 hours or more per week.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You cannot count two part-time employees as one full-time job. If one full-time job is held by two employees each working part time hours, this one full-time job will count. Only jobs are counted, and employees may come and go.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The USCIS has economists on staff to review the job creation projections. This is why retaining and EB-5 attorney with strong relationships with experienced EB-5 economists is very important. We coordinate with the economists who can show the required job creation and compliance with EB5 rules and procedures.

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    David Tseng

    Immigration Attorney
    Answered on

    Part-time employees generally do not count toward EB-5 job creation requirements; however, a qualified =35 hr/wk position can count as a single job even if it is staffed by multiple part-time employees.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    2 part-time employees will be considered as one full-time. The jobs are counted as the full-time positions, not persons. Thus, if 2 people are occupying one positions, it will be considered as one full-time position by the USCIS.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Full-time job sharing by part-time employees is allowed. Part-time jobs do not count. Therefore, if you have two part-time employees sharing a full-time position, that counts for one job. If you have two part-time employees filling two part-time jobs, that counts for nothing.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    You must consult with a very experienced attorney on this as the part-time jobs are very tricky to count. But in general the idea is: if two people working to share one full time job, you should be okay. If two people are just working part-time and they are not sharing one full time position (you also need to look at the benefit package a full time employee is entitled to vs. part-time) then those two part-time jobs do not count as one full-time job.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Yes, it is perfectly acceptable to create 20 17.5 hour jobs instead of 10 35 hour positions.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Part-time workers do not count toward the job requirement. Two persons sharing one job would count as one person.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The new EB-5 policy memorandum states you can not count part time jobs this way as full time jobs. However, you may count two workers part time hours if it is for the same full time job, not two part time jobs.

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