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How would using a PEO affect EB-5 job creation?

We are a Professional Employer Organization interested in getting involved in the EB-5 program. Have there been any instances of PEOs working with EB-5 regional centers? If a regional center uses a PEO, will there be any resulting problems in a project meeting the EB-5 job creation requirements?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    In a direct EB-5 project - the job creating entity where the business activity occurs - the direct job creation exists as a result of the personal investment(s). The direct jobs have to be by U.S. citizens or U.S. permanent residents and the job creating entity has to show how the personal investment led to or created the direct jobs. In an EB-5 regional center model the jobs can be created indirectly.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The people placed into jobs will probably not be counted for EB-5 purposes, but anyone who works for the organization itself could be counted, as well as indirect employment creation through the regional center affiliation. It will depend on the actual circumstances of the case.

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    John J Downey

    Immigration Attorney
    Answered on

    We played with this idea back when the program was initiated in the 90's. It can get a little sticky with the $500,000 investment because the jobs need to be created n a TEA. It is probably a viable idea, but will need careful planning.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The regional center or direct employer will need to show that the employees work for the employer and that you are just handling payroll.

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