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How do we plan EB-5 job creation for a new U.S. business?

I am planning on partnering up with someone from Taiwan to start a business in Seattle. I am a U.S. permanent resident, but he is not, so I would like to take the opportunity to make this an EB-5 investment. We are certain that we will meet the required investment amount of $1 million in the two-year period. I understand that we will have to hire at least 10 full-time employees. Do these employees have to be local to the business? Do we have to have 10 during the whole two years before the conditional status is removed?

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    For a direct investment, the business that is receiving the funds must create the 10 full-time positions. Also, please note the full investment should be made before filing the I-526 petition.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    What you have in mind appears to be a direct investment. Advisably, you may need the counseling of an EB-5 attorney to organize this plan. Create a detailed business plan and prepare the necessary documentation. At least 10 jobs must be created within 2 years and it must be in place before the I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status is granted.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There are presently two options, first the direct program that requires 10 full-time employees - certainly they must be on payroll when you file the I-829 application to remove conditions. It is best to also have them when you file the I-526 petition, but it is not required if you have a good business plan and can show you already have several. And then there is the regional center program where you can count direct, indirect and induced jobs using an economic report, which is often based on an expenditure model. Here you need to affiliate with or establish your own regional center.

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    Charles Foster

    Immigration Attorney
    Answered on

    The 10 employees must be U.S. workers defined as U.S. citizens and U.S. lawful permanent residents that would be full-time employees associated directly with the business on its premises unless there is a business reason for the employee to be employed off-premises. The jobs must be developed and then maintained during the period of time the individual is seeking conditional permanent residency up to the time his conditions are removed.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As the EB-5 investor (your Taiwanese partner), he would have to be responsible for investing at minimum either the $1 million or $500,000 (if the business is located in a Targeted Employment Area (TEA)). The requisite minimum investment must be at risk (i.e., invested or imminent thereof) before the EB-5 petition can be filed (i.e., if the $1 million will be invested in the two year period, the EB-5 petition cannot be filed until the $1 million is invested). The creation of 10 full-time jobs, however, can be accomplished within the two year period (i.e., as long as the business plan at filing is solid, then the investor has approximately two years to create the jobs (i.e., need to have jobs created by filing of the removal of conditional permanent residence).

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