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Do the same workers have to be employed the entire two years?

I understand that in order to successfully complete my EB-5 project, I need to create 10 jobs over the span of the two years. If a worker needs to leave the job or needs to be let go, would it affect the 10 job requirement? Would USCIS be unhappy if there was a lot of turnover, or do I just need to maintain 10 positions throughout the 2 years?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The turnover of your employees should have no effect on your EB-5 petition. You must have a minimum of 10 full-time positions, regardless of the replacement of employees.

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    William A Stock

    Immigration Attorney
    Answered on

    Generally, maintaining 10 positions is sufficient, if they are the same 10 positions.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Just maintain 10 full-time employees. There can be turnover.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Please note that the requirement is the jobs, not workers. As long as the job positions are created, whether one worker works continuously or there was an employee change is irrelevant. However, you need to make sure that you do not have a series of workers for same position to appear that the job position is only temporary not permanent.

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    Joseph Best

    Immigration Attorney
    Answered on

    Specifically no. It is about creating employment.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    You need to maintain 10 jobs per investor, turnover and replacement will not impact your ability to obtain the greencard.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You are allowed to replace workers. The idea is that the jobs are created. Not that particular people are maintaining the positions.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Hello. The issue is one of positions that are full time not employees. So, you should be prepared to show that there are 10 full time positions.

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    Robert C Divine

    Immigration Attorney
    Answered on

    Dear Questioner: Investors need to show 10 new positions (or, for a "troubled business," preserved positions) at the end of their two years of conditional residence, but there are of course complexities and exceptions. For details, you need to consult a lawyer you hire.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    For direct jobs, this may be required, but in the regional center context, where indirect jobs can be counted, the specific indirect employee is not named when removing the conditions to permanent residency (I-829). We work closely with EB-5 economists to review the job creation requirements of projects we work with.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    The law indicates that your investment needs to create 10 full time jobs within two years. Therefore, you need to have 10 full time employees when you file your I-829 application. If you have any questions, please do not hesitate to contact me.

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    Rebecca White

    Immigration Attorney
    Answered on

    The same ten workers do not need to be on the payroll the entire time, and turnover is fine so long as at least there is ten full time equivalent employees on the payrolls.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    The same individuals do not need to be employed, but the positions must be created and remain filled.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The employment creation requirements will depend on whether the investment is in a direct or regional center project. For instance, in a direct EB-5 project the jobs have to be full time, not a combination of part time jobs. Furthermore the jobs have to be created during the two and a half period after the I-526 petition has been approved.

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    Ying Lu

    Immigration Attorney
    Answered on

    First, you do not need to maintain the 10 full time workers throughout the 2 year conditional residency period. Second, the newly created "positions" are what USCIS looks to. For example, if a newly hired sectary quit her job and you hire another one to replace her, this still counts as one job. On the other hand, if a position requires three shifts (i.e. 8 hours per shift), you can count three new jobs for this position.

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    Anthony Korda

    Immigration Attorney
    Answered on

    There must be 10 new full time jobs created. In the case of direct employment, as long as the positions remain filled, it does not matter if the employees change, but continuous employment is required. Careful planning is therefore required and for this reason we often advise that more than 10 jobs exist where possible to provide a cushion in case of vacancies.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No, the same workers do not have to be employed for the entire two years. The requirement is to create 10 full-time positions within two years. There is no requirement to sustain employment during the entire two-year period.

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    H Glenn Fogle Jr

    Immigration Attorney
    Answered on

    So long as ten permanent job positions are filled during the ten year period (and you have 10 employees at the two year point), you have met your requirements for the visa. Turnover is irrelevant as long at the position is filled. Please feel free to contact me directly with any questions or if you need further assistance.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As long as 10 jobs are created, you do not have to keep the same employees for the duration of the process.

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