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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?

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    Answered on

    Full-time jobs for U.S. citizens or permanent residents will count. Generally, 35-hour per week jobs count. The positions are actually what USCIS looks at, so you do not need to have the same person hold the position.

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    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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    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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    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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    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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    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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    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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    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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    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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