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How can part-time waiters in a restaurant be counted for EB-5 job creation?

If multiple part-time waiters working for the same restaurant aggregate working hours to 35 hours per week, can this be counted as one full-time EB-5 job? What are the requirements for "job sharing" arrangements? Have there been any real successes in getting USCIS approval of this kind of arrangement?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Part-time jobs do not count as direct job creation. Part-time employees sharing a full-time job, that is, one that is at least 35 hours per week, will count as one job created. USCIS does credit job-sharing arrangements as long as the hours are clearly documented and the job is full-time. Therefore, part-time waiters sharing a full-time waiter position will count.

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    Ed Beshara

    Immigration Attorney
    Answered on

    If the restaurant is in an EB-5 regional center model, then indirect jobs may be created. If the one full-time job for 40 hours per week can be created for two employees then this arrangement can be considered acceptable.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If a position is a full-time position, it may be shared.

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    John J Downey

    Immigration Attorney
    Answered on

    Yes, you may count them as long as it is one job per 35 hours. It has been accepted by USCIS.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Part-time does not count unless it is a shared job.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, 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.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    No, part-time positions have generally not been aggregated to create a full-time position (minimally 35 hours) and are not accepted as job sharing. A full-time position can be shared by two people.

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