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How long do EB-5 jobs need to be created for?

How long does a business need to maintain EB-5 jobs for? The 10 jobs need to be created within two years of the initial I-526 application but how long do they need to be maintained for? What happens if some of those employees are disbanded yet new hires fill the position within the two years?

Answers

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    Mona Shah

    Immigration Attorney
    Answered on

    You simply need to show that 10 permanent jobs were created. It does not matter if the jobs are not in existence later. There is no time requirement.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The jobs must be retained through to the removal of conditions for the investor that they are accredited to. Job vacancies are acceptable if there are efforts made to replace the position within a reasonable time. For further information please contact Rahbaran & Associates.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Permanent full-time jobs must be maintained until the investors'' I-829 petitions to remove conditions are approved. As long as the requisite number of full-time jobs per investor is maintained, employees can be hired at will and fired during the process as long as they are replaced and the actual jobs are maintained.

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    Rebecca White

    Immigration Attorney
    Answered on

    The jobs need to be created and sustained for the duration of the process - so until the conditions are finally removed from the greencard status. If you assume a 3 -4 year period that will roughly be accurate. As long as ten jobs are in existence, the actual employees can vary. The same person does not need to remain at any of the jobs, so long any departing person is replaced so the job position remains in existence.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    EB5 jogs must be created for the two years that the individual have their conditional residence. We are available if you need further assistance.

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    Clem Turner

    Securities Attorney
    Answered on

    The jobs created have to be "permanent," meaning that there is an *expectation *that they will continue for the life of the company. However, the employees who fill those jobs can be "at will" employees and replaced as determined by management. So long as the job exists and is filled, the EB-5 requirement will be met. Further, once the conditions are lifted from the EB-5 Green Card, USCIS no longer actively monitors the employment figures of the company.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The regulations require that the jobs must be created within the two years or within a reasonable period of time thereafter. In practice, they all better be created within the two years. The jobs must be full time and there is no maximum time they must be in existence. Keep in mind, however, that to get the petition approved in the first place, you need a comprehensive business plan and you need to explain your job creation needs and when you will hire the employees, so you need to keep close to that schedule, if possible. Otherwise, you could be in trouble and have to explain the ''material change.'' If the job creation timeline is reasonable, credible, feasible, there is no reason why you wouldn''t get it approved in the first petition, the I-526. At the I-829 condition removal stage, you need to show quarterly wage reports, payroll records, I-9 forms, back up documentation showing that the workers are qualified and authorized for employment. It is the POSITION that is counted, NOT the INDIVIDUAL filling that position, so if you have employee turnover, you are still okay. I hope this information is helpful.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    The 10 jobs have to be created within 2 years from the approval of the I-526. As long as you can demonstrate that with each investor''s $500,000.00, 10 jobs were created it will be accepted for the removal of condition. Please note that for Regional Centers both direct and indirect jobs count. If you have any other questions, please do not hesitate to contact me.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    After the two year period and the subsequent processing time for the application to remove the condition is completed and the investor obtains permanent status, the issues of jobs and investment becomes irrelevant for immigration issues. Further, if an employee leaves and is replaced, it is still counted as one job. The actual individual is not relevant.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    USCIS takes the position that jobs must last two years, but it does recognize that different people may hold the same position at different times.

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    Steven Anapoell

    Securities Attorney
    Answered on

    The jobs need to be created pursuant to your business plan (i.e., not all employees need to be employed during the first year). The key is to have the requisite jobs by the time each individual files his or her I-829 Petition.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Please note that the EB-5 job creation requirement is for full-time, permanent positions, not persons. Thus, the jobs that EB-5 entity creates should be permanent as long as the business is in existence, but certainly at least until I-829 is approved. If the employees filling those jobs leave and others are hired in their place, it is acceptable as the jobs are still in existence.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    It depends on the issue. If its in a regional center context we would need to look at the economic report. If it''s in the direct Eb 5 context, the issue is one of "positions" not "employees" and there must be a reasonable certainty that the positions are created or will be created.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Other than the construction jobs which have to last two years all other jobs just have to be full time. Unfortunately the answer is not straightforward and a lot of factors are to be considered when making this determination.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is the positions which need to be sustained until the I-829 is approved. All ten jobs must be in place within 2 years after the conditional PR is granted and then sustained thereafter while the I-829 is pending.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Its ten new jobs, not 10 new employees.

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    Emre Ozgu

    Immigration Attorney
    Answered on

    The jobs need to be created for approx 4 years which is how long the whole process will take to receive a permanent green card. If an employee leaves but is replaced that is ok. I typically tell my clients that the jobs need to be created before we file the I-526, otherwise you will receive a nasty RFE request for additional evidence.

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    Neville M Leslie

    Immigration Attorney
    Answered on

    That''s fine. The jobs need to be created within two years/the time the petition if filed to remove the conditions from the green card.

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