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Questions & Answers

What type of employees count in a direct EB-5 investment?

If you do a direct investment with EB-5 funds, do the added jobs have to work 40 hours a week? Or can the jobs be from current employees of different companies that would do work for your investment?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Jobs have to be newly created positions of at least 35 hours a week for direct investment. An exception to maintain preexisting employees is for troubled businesses that meet certain requirements.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, each job created in a direct investment has to be direct and full-time, defined as a minimum of 35 working hours per week, as a result of the investment.

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    Charles Foster

    Immigration Attorney
    Answered on

    The employees for direct EB-5 investment must be new employees as a result of the EB-5 investment and be U.S. workers working a full 40-hour week. Normally, they would have to work directly for the job creating entity in which the investment was made.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    For a direct project, the jobs have to be newly created and must be at least 35 hours a week. The exception is for troubled businesses that have shown losses.

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    Melanie Yang

    Immigration Attorney
    Answered on

    U.S. citizens, permanent residents, asylees and refugees. It does not include U.S. working visa holders such as H-1B, L-1 and EAD card holders.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Full-time positions are defined as 35 hours or more per week. Only newly created positions can count and only positions with the new commercial enterprise can count.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Direct employees have to be employed directly (on W2s) by the New Commercial Enterprise. Work performed by employees of other companies is considered "indirect." Full-time employment usually means 35+ hours and benefits normally allotted to full-time workers.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Only full-time employment (>35hours/week) counts toward the 10 requisite jobs created. The jobs must be newly created as a direct result of the investment made in the commercial enterprise.

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