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What are the requirements for the jobs created?

Under the EB-5 program, what are the minimum wages a corporation needs to pay to its 10 employees? Also, how can it count part-time or hourly employees? Do all of the employees have to be full-time? What other requirements are there?

Answers

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Wage requirements are determined by your states and federal employment laws, and not governed by the EB-5 provisions. You do have to create full-time jobs.

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    Lei Jiang

    Immigration Attorney
    Answered on

    You need to pay the minimum wage of the state where the project is located. It is easier to have 10 full-time positions. Making two part-time positions into one is very complicated, and you need to hire an immigration attorney.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    A full-time job is 35 hours, and the wage must be at least the U.S. minimum wage.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    You would have to follow state and federal minimum wage requirements for each job. Of course, depending on the level of sophistication attached to each position, you should pay the market rate so that you can lend credence to your business plan. The positions have to be full-time; however, part-time employees could fulfill them. Keep in mind, however, that if you have two part-time employees for one full-time position, that only counts as one job.

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    Kyle Barella

    Immigration Attorney
    Answered on

    Minimum wage requirements are determined by state and federal law. There is no specific EB-5 minimum wage for employees. They need only be paid according to the law. Jobs counting towards the job requirements need to be full-time. However, if you are utilizing a regional center project, indirect jobs are counted.

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    Robert Abedi

    Immigration Attorney
    Answered on

    You must pay the"minimum wage" for the location of the business. I would also say that the pay should reflect the duties preformed. The requirement is 10 full-time equivalent positions this means you can have two part-time people filling one full-time position. Be advised that this issue becomes complex and very risky, and will need an expert''s guidance.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The regulation calls for at least ten full-time, permanent "jobs" to be created. This means the position is of a secretary, not Susan Smith a person who will occupy the position. However, if two people are sharing one job, then USCIS would count 2 part-time people sharing that same secretarial position as one full-time job.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Minimum wages are determined by the state in which the job creating entity will be doing business. Jobs that will be counted for EB-5 purposes will be full-time U.S. citizen or permanent resident employees.

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    Ed Beshara

    Immigration Attorney
    Answered on

    In a direct EB-5 project, the requirement is the creation of 10 full-time jobs by U.S. citizens or U.S. permanent residents. They will need to be paid the minimal prevailing wages. In a regional center EB-5 project, indirect jobs may be created.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There are federal and state minimum wage guidelines that must be followed. Also, depending upon the type of position you are hiring, you should consider paying a realistic wage. There are no restrictions on the types of full-time jobs, but they should make sense for your business. Also, it is the position which must be full-time, not the employees. Therefore, it is possible to have two part-time employees share one full-time job. You would get credit for creating one full-time job. The position must be for at least 35 hours per week; it also must be a permanent job, not a temporary or seasonal job. Finally, as long as the new commercial enterprise creates 10 full-time jobs, it meets the job creation requirement; it does not matter if you also have additional part-time employees.

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