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How long do the EB-5 jobs created need to last?

I am considering an EB-5 project that has already received some I-526 approvals. It is projected that it will generate 10+ jobs per investor (they are considering the indirect jobs created during the building construction). My question is: how long do these jobs need to last for the I-829 to be approved? They are going to start building in a few months, and it is projected to be done in about 1.5 years. Do the jobs need to last until all of the investors' I-829s get approved?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    As long as the investment is sustained in the job creating entity and the jobs have been created, the I-829 should be approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The permanent jobs need to last about two years. Retain immigration counsel to review the project's business plan and economic report.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    At least the 10 allocated to you need to last until your I-829 is approved, with the expectation they will continue.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It depends on the type of economic model (jobs report) they utilized. If they utilized the model that is based on the amount of money they spend on construction, the jobs are considered created when the money is spent for construction and all they need to show at the I-829 stage is that the construction occurred and show the receipt for spending. However, in case of some direct jobs being included in the total number, it is optimal to have those jobs be created before I-829 filing and maintained until they are approved.

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    John J Downey

    Immigration Attorney
    Answered on

    This gets confusing with large projects involving construction. The statute merely says that 10 full-time jobs (35 hours) need be created during the period of the two-year conditional residency. Since they are counting indirect jobs, then it is a regional center project. I would look carefully at the documentation that they send you, to see in their business plan how they intend to count the jobs.

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