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How are jobs created in a direct EB-5 investment distributed among partners?

My friend is a US citizen. I am from Colombia. I plan to invest directly into the business he owns and share half the ownership of the business. How many jobs does the business have to create for my EB-5 application? If our business creates 12 full time jobs, can I take credit for all 12 jobs for purposes of my EB-5 application even though my friend and I are 50/50 partners in business? Or do the jobs created get distributed 50/50 based on our ownership interest?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    First, try to create a business plan that shows this commercial entity meets the definition of an EB-5 compliant entity. Then, your investment must meet EB-5 requirements. For instance, the investment must be at risk, involves a minimum of at least $500k or maybe a $1million depending on the location of the business and Employment Target Area (ETA) classification and the investment must result in the creation of at least 10 jobs within 2 years. All these must be described in detail in the business plan. Finally, the investment amount must be transferred at once to the business rather than a piecemeal investment over time. It is advisable that you should work with an EB-5 attorney to ensure all the steps are taken before proceeding on any EB-5 filing.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your direct EB-5 investment must create at least 10 new EB-5 jobs for U.S. workers being U.S. citizens or Lawful Permanent Residents. Yes, if you create 12 new full-time jobs you can take credit for all 12 jobs for the purposes of your EB-5 petition even though you and your friend at 50/50 partners. These jobs must be in addition to any existing jobs.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    The EB-5 project, under the USCIS Regulations, has the right to allocate the jobs filled among the various investors.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Under the current EB-5 rules, a single EB-5 investor may take credit for all of the jobs created in the business even if there are non-EB-5 investor partners.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Since you are the only EB-5 investor, all of the twelve jobs are counted for the job creation for your I-829 petition.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you are the only EB-5 investor, with the requisite minimum capital investment made, you can count all jobs created in the enterprise for the EB-5 job creation requirement.

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    Irina Rostova

    Immigration Attorney
    Answered on

    The jobs get counted toward the person(s) seeking an EB-5 visa. If you partner is American and is not seeking an EB-5 visa, then all 12 jobs can be allocated to you, as long as your invested funds contributed to the creation of those jobs and you did not simply buy the shares of the business of your partner.

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    Ed Beshara

    Immigration Attorney
    Answered on

    For each EB-5 investor, ten full-time jobs have to be created. The full-time jobs are by U.S. citizens or permanent residents. The investment of the personal investment funds into the U.S. business has to create the new jobs.

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    Robert Loughran

    Immigration Attorney
    Answered on

    The first step would be to set up a consultation to confirm you qualify for the EB-5 Program and to develop a strategy for the process. As a general response to your inquiry, current U.S. immigration procedures allow all jobs to be credited to the foreign investor even if the funds coming from the foreign investor amount of 50% or less of the total investment. A problem arises when there are multiple immigrant investors seeking to apportion jobs amongst themselves. There must be at least 10 new jobs created to support each immigrant EB-5 investor. If you would like us to analyze your situation, we can set up an initial consultation of up to one (1) hour for a fee of US $250.00. The consultation is for the purpose of providing you with our legal analysis, opinions and guidance, and to develop an understanding as to the complexity of your case. The consultation will also allow us to provide you with an estimate of our fee structure for representation should you choose to pursue this matter with our firm.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you are the only EB-5 investor in the company, the jobs created by the company all goes to you. Since the job creation requirement is an element for EB-5 immigration benefit, the only people who need to count the jobs is the EB-5 investors. If there are other EB-5 investors in the business you are investing, then you will have to share the jobs, but not with U.S. citizens or legal permanent residents.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If the business creates 12 full-time direct positions (at least 35 hours/week), all positions can be allocated to you as the EB-5 investor in a direct investment case.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Under the current regulations, you can take credit for all the jobs.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You may be credited with all jobs under the current rules.

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