+1-800-997-1228
Questions & Answers

What are the basic requirements of EB-5 job creation?

I would like to learn about the EB-5 job creation requirements. If an investor invests $5 million into a U.S. company, is the obligation for the U.S. company to generate 10 full-time positions or to generate 50 full-time positions? What are the requirements for those full-time positions in terms of salary, job nature/types, and duration of employment? Can some of the jobs be added right before the investor gets their green card?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Each investor is required to create 10 jobs and invest a minimum amount of $500,000 for a project located in a Targeted Employment Area, and $1 million for a project located anywhere else (under the current laws, anyway). If an investor is willing to invest more, it is still only a 10 job requirement.

  • Avatar

    Echo Meisheng King

    Immigration Attorney
    Answered on

    The job creation requirement is determined by how many EB-5 investors there are, not by the amount of total investment. If there is only one EB-5 investor in your $5 million project, all you need to show is that the project will be able to create at least 10 full-time jobs. There is no requirement on job titles or job functions for the 10 full-time positions, as long as each position is employed over 35 hours per week, and they are integral to the operation of your specific type of business. In a direct EB-5 business, the jobs created cannot be seasonal; they must be permanent in nature. The 10 full-time positions do not need to be created right away, but it is recommended they be created at least one year before the I-829 submission.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    The rule is 10 jobs per investor. If one investor invests $5 million or $500,000, it is still 10 jobs. The job description is full time, which means 35 hours per week. The type of employment will depend on your business plan. You have 21 months upon receipt of your conditional green card to provide the jobs. Again, it will depend on your business plan as to how you intend to implement the hiring of the workers.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    The requirement is at least 10 full-time, permanent jobs per each EB-5 investor. Jobs must be at least 35 hours a week and permanent. There are no specific salary or job nature requirements. They should be consistent with the industry a business is in. A job may be filled by more than one employee, but you cannot combine part-time jobs into one full-time job. Jobs cannot be seasonal or otherwise non-permanent. Please consult an experienced EB-5 immigration attorney to discuss specifics.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The job creation requirement is 10+ full-time, permanent jobs per investor. Thus, with the $5 million investment, if you raised the amount from 10 different investors, then you must create 50 jobs, but if the entire funds are from one investor, the required job creation is 10 only. There is no salary requirement for the jobs, as long as the position requires that it be a full-time position, which is a minimum 35 hours per week or more. Also, the job must be a permanent job, not temporary or seasonal. This does not mean one person must hold that job for years, although it could happen, as long as the job position is permanent. The jobs could be created any time after the investment is made, even before the investor gets the conditional green card, particularly as the current processing time is now nearly two years or more for Chinese nationals.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If direct, you need 10 full-time regular workers. If indirect, you only need to meet economic inputs. This is complex, but first decide, direct or indirect regional center, which is basically an expenditure model, not a head count.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    If you are only seeking one EB-5 green card for a principal and his or her family, then only 10 full-time jobs need to be created.

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.