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What is the definition of a full-time job for an EB-5 project?

I am considering a new real estate development that would employ dozens during construction, but less than 10 on an ongoing basis. It is my understanding that the EB-5 program has a minimum of 10 full-time jobs associated with the investment to qualify. Would this project qualify? Does it matter whether the jobs are ongoing? What is the definition of a full-time job for an EB-5 project?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A qualifying EB-5 job is currently defined as a U.S. citizen or permanent resident employee working a minimum 35 hours per week. There are many items regarding job creation, sources and uses of funds, and more that should be reviewed by EB-5 immigration counsel.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    A full-time employee is 35 hours per week. You can combine two part time positions of less hours to equal one full-time. The employment must be ongoing.

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    John J Downey

    Immigration Attorney
    Answered on

    A full time-job for EB-5 purposes is 35 hours per week. The construction field poses some challenges as many of these jobs are full-time but a of short duration, weeks and months rather than the two-year period. You should consider the regional center option to include indirect jobs.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    In order to qualify for the job creation requirement of EB-5 investors, the construction jobs should last at least two years (i.e., when you need to file to remove your conditional residence).

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