+1-800-997-1228
Questions & Answers

How quickly must 10 jobs be created in an EB-5 direct business?

I want to invest in/create my own business and apply for EB-5. How soon do I need to create the 10 jobs and for how long? Do I need to hire the 10 employees at the same time? Can I start with less than 10 employees and then increase the number over the next few years?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    EB-5 policies and experiences shows that the ten full-time jobs have to be created within two and a half years of the EB-5 investor's I-526 petition being approved. The jobs should be sustained at the time of the filing of the I-829 petition to remove the conditions.

  • Avatar

    Robert Lee

    Immigration Attorney
    Answered on

    You will have two years after you receive your conditional green card to make 10 full-time jobs. No, you do not need to have any jobs when first submitting your petition. However, you need to show in the business plan how you will make 10 full-time jobs by the end of the two-year period.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    You need not create the 10 jobs immediately. It will all depend on your business plan. If it makes good business sense to stagger your hiring then your plan should be accepted. All 10 should be on board when you file for removal of conditions.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The jobs must be created within the two-year period of conditional residency, or within a reasonable period of time thereafter. The investment must be sustained for the entire period. You could create the jobs all at once or over a period of months, as long as you end up with the required number of jobs. Your business plan (which is submitted at the I-526 stage, the initial stage of the process) will project the reasonable needs of the new commercial enterprise; it must include reasonable financial projections to show feasibility, and it must include a hiring timetable based upon credible and verifiable industry data. As long as the business plan complies and is credible, and you show that it is more likely than not that the jobs will be created and maintained at least until the condition is removed, then the case is approvable.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Typically you have about three years.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The 10 permanent jobs for U.S. citizens or permanent residents need to be created before filing to remove the conditions to your conditional permanent residency. You only have two years from receiving CPR to when you file to remove the conditions.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    With your I-526 application, all you need to show is that you plan to add or create 10+ permanent, full-time jobs and how you will do that in the business plan. You do not actually have to show that you have created any already. You need to demonstrate that 10 jobs that are permanent and full-time were created and maintained by the time that you file the I-829. The job creation evidence for the direct EB-5 case must be with I-9s and W-2s. Please note that the job positions, not the person that holds the position is important. Thus, if you created a marketing manager position in the company but one person you hired leaves only after a year and then you had to hire another one when you file the I-829, then you created one position not two, although you actually had to hire two people.

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    Your I-526 petition can be approved with a credible business plan that shows you plan to hire 10 employees over two years. After your green card is issued, you must create 10 full-time jobs within a two-year period. It is not necessary to hire everyone all at once.

  • Avatar

    Angeline Chen

    Immigration Attorney
    Answered on

    You do not have to hire the 10 employees right away. You need the 10 employees by the time you file for the I-829 removal of conditional residency. You need to file the I-829 before your two-year anniversary of receiving your conditional residency green card. Depending on where you are from, it may take years before you receive your conditional residency card.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Within two years of the approval.

  • Avatar

    J Bruce Weinman

    Immigration Attorney
    Answered on

    Within two years. At the time of filing the I-526, you need to establish by a preponderance of the evidence that within two years you will have created 10 full-time positions.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.