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How is the period for counting direct EB-5 construction jobs determined?

When does the 24-month period begin and end for counting direct construction jobs for an EB-5 project? Does the period of time spent obtaining local government entitlements and permitting for a project count towards the construction period, if the additional entitlements were necessary to develop the new EB-5 project?

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    For the purpose of the job creation requirements, the two-year period is deemed to commence six months after the approval of Form I-526. Within that two-year period or within a reasonable time, ten full-time jobs must be created or can be expected to be created. The time that is needed to get construction permission should typically be counted for in the business plan as part of the process. If there is unplanned permission that causes a significantly delay in the construction, it may negatively impact the I-829 application for individual EB-5 investors.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The conditional permanent residency period is generally the time for job creation. That is, the immigration timeline is the one to follow, so delays in the actual construction could cause issues. Please consult with an EB-5 law firm who can review your goals and timelines.

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    Stephen Berman

    Immigration Attorney
    Answered on

    From the time you start your investment until the date you file to remove conditions from your status.

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