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Do I already need to have 10 employees at the time of initial investment?

Should I create 10 jobs at the time of the initial investment? When does the clock for the new 10 jobs start ticking? Is there a test period for these 10 jobs prior I-829 filing?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    No, you don''t need to create the 10 jobs at the time of investment. You need to create 10 jobs within two years.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    No, the idea is to create jobs from the investment sought. You have 2.5 years from the day of your approval of the I-526 to create the necessary jobs at hand.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Your business plan submitted at the I-526 phase must show that your investment will create 10 jobs within 30 months of adjudication. Then, when you file the I-829, you must show that either the jobs have been created or will be created within one year of the 24 month anniversary of your conditional residence.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    No, you need to create those jobs within 2 years of getting your conditional green card.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    The permanent full time jobs must be created within two years of the initial application (i.e. during your 2 year conditional residence period). Permanent full-time jobs must be maintained until the investor's I-829 petitions to remove conditions are approved. As long as the requisite number of full-time jobs per investor is maintained, employees can be hired at will and fired during the process as long as they are replaced and the actual jobs are maintained.

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    Walter Gindin

    Immigration Attorney
    Answered on

    You do not need to have 10 jobs created at the time if the initial investment. All the requisite jobs for qualifying employees must be created within 2.5 years of the I-526 approval.

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    Ed Beshara

    Immigration Attorney
    Answered on

    At the time of filing the I-526 investors petition, the required jobs do not have to be created. However, the business plan which is filed with the I-526 petition will clearly state when the jobs will be created. The EB-5 policy states that the required jobs have to be created within two and a half years of the I-526 petition being approved.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    No, you have to have a plan for 10 jobs at the time of initial filing, you will need proof of the creation of 10 full time jobs for U.S. citizens or permanent residents when you file to remove the conditions on your residence.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No, you do not have to have 10 employees hired at the time of initial investment; however, you need to demonstrate that 10 jobs will be created and employees will be hired within the 2-year conditional permanent residence period. And when filing to remove your condition, at that point you need to show 10 jobs created and filled.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No. But you must have at least 10 full-time employees at the end of the two year period from when USCIS approves your green card. If you are buying an existing business, you have to hire additional employees. Consult an immigration EB-5 attorney on this.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The jobs will be created as a result of the $500,00 or $1 million investment. Therefore, the job creation occurs after the investment is made. The 2-year conditional permanent residency period is the time for the 10 jobs to be created.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The jobs must be created within two years (within two and half years from the date of I-526 approval) and before the I-829 petition to remove the condition is filed (or within a reasonable period of time). In order to for USCIS to approve the I-526 petition, you must submit a comprehensive business plan that is both credible and feasible. The plan must contain, among other things, a timeline for the creation of the jobs. If USCIS is convinced that the jobs will be created within two years or a reasonable period of time thereafter, the case will be approved. You should consult with an experienced EB-5 immigration attorney who can advise you on this matter.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    The ten jobs need to be created during the two year period. They do not need to exist at the moment of the application.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You do not need the ten jobs before the initial investment and the I-526 filing. You do need a business plan showing how the ten jobs will be created and details about the positions at the time of filing the I-526. The jobs should be in place or close thereto when the I-829 is filed.

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