Skilled and experienced economists show, in a report, how the funds will be used to create jobs based on economic formulas that have been accepted by USCIS as reasonable predictors of actual job creation. A regional center and/or project should have an experienced economist prepare these reports, which we, as immigration counsel, can review for compliance with the immigration rules.
An EB-5 regional center project's total funds consists of developer's funds, EB-5 funds, and other types of funds. Which part of the total job creation would be distributed to EB-5 investors? How do the EB-5 funds actually create the jobs? How are the jobs distributed to the different investors in the project?
John J DowneyAnswered on
All the jobs created are attributed to the EB-5 investors. The other types of investors have no need for them. How the jobs are created is shown in the economic analysis presented in the application. The documentation presented by the regional center and/or project will describe the job distribution.
Normally, the economist's report on indirect jobs will count all of the capital invested, not just from the EB-5 investors. Thus, if the capital stack is reasonable and the project is not being done just with EB-5 funds, which is a huge red flag, there should be enough cushion on the number of jobs created vs. what is required to muster I-829 review.