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How can part time jobs be aggregated for EB-5 job creation?

I have a restaurant business and I am looking to open another location. The restaurant would create a fair number of jobs, but many of them would be part time. I know that for an EB-5 visa applicants investment to qualify, the 10 jobs have to be full time. Is there a way to aggregate part time jobs to qualify for EB-5 job creation?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Part-time jobs may not be aggregated to count as full-time employment creation. A job-sharing arrangement, however, where two part-time employees fill one full-time position, is counted as one full-time job. The minimum number of hours for a full-time position is at least 35 hours per week.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Job sharing is allowed. Thus, if you create 10 full-time job positions that will be shared by multiple workers, for example, you could consider two part-time employees as one full-time employee.

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    Cory A Richards

    Immigration Attorney
    Answered on

    According to 8 C.F.R. Section 204.6(e), a full-time employment position can be filled by two or more qualifying employees in a job sharing arrangement as long as the 35-working-hours-per-week requirement is met. However, a full-time employment position cannot be filled by combinations of part-time positions, even if those positions when combined meet the hourly requirement.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Part time positions may not count for EB-5 job creation purposes. Job sharing, i.e. a full-time position filled by multiple people though can be counted.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, only full time jobs (35+ hours per week) count for the EB-5 job creation purposes. However, current policy notes that a full-time employment position can be filled by two or more qualifying employees in a job sharing arrangement as long as they combine for the ful-time requirement of 35 hours per week.

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