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How can indirect jobs be used to fulfill an EB-5 direct job preservation deficit?

If a troubled company created through an EB-5 regional center falls short of the direct jobs preservation number during the two year period, how can indirect jobs be used to make up the difference?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    In a troubled business scenario, at least 10 full-time jobs will need to be preserved directly.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Only if you are a regional center, based on the number of investors, you should know the total number of jobs must be created/preserved. When you apply for a regional center, your economic report will indicate the total number of indirect jobs the project/business will generate. So long as the job preserved plus indirect jobs satisfy the requirement, you should be okay. But if you are a EB-5 direct investment, you cannot count indirect jobs. Your question is not very clear on who you are.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    This depends on the regional center business plan. Most do include indirect jobs.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Indirect job creation can only be used in the regional center EB-5 project context.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If the I-526 petition is based upon a "troubled business," then indirect jobs may not be used, even if the new commercial enterprise was created by or is located in a regional center. Most likely, a new I-526 petition would need to be filed and the investor would start a new two-year conditional lawful permanent residence period. The removal of the condition in two years then could be based upon the indirect job creation methodology.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They cannot - it is only available to regional centers.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The only time that indirect jobs could be counted is if the EB-5 enterprise is through a designated regional center. When you are investing directly to a business, you could only count direct jobs created. If you invested in a failing business, then you need to save 10+ jobs from that business directly.

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