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What happens if my EB-5 business has open, unfilled jobs?

I am planning to start a business. It will be in a TEA and I will be doing direct EB-5 ($500,000). Does the requirement say that the 10 jobs need to always be 100 percent filled up for two years? Or will open, unfilled positions be acceptable too? I may have 10 jobs for peak season, but during the off-season, may have empty positions.

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS requires 10 full-time jobs (35 or more hours per week) that can be fulfilled by two or more people (as long as it is not a combination of part time jobs). We would need to look closely at your business and hiring plan to determine if it is compliant.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    They cannot be seasonal jobs. There must be at least 10 full-time, permanent positions of at least 35 hours a week. It may be better for you to associate with a regional center to count indirect job creation.

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    Charles Foster

    Immigration Attorney
    Answered on

    What you are outlining is one of the major risks of a direct EB-5 investment when you start your own business. You must create 10 jobs within 2-3 years and this could be a substantial risk. If you are making this investment in your own business solely to qualify, as opposed to a strong, independent, good business desire that you would do in any event, that is one thing. But if you are it doing solely for immigration purposes, then it is far safer and more predictable to invest in a project through an EB-5 regional center.

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    Gus Shihab

    Immigration Attorney
    Answered on

    The first thing to remember is that the job creation requirement begins six months after the approval of the Form I-526. You must also remember that the business plan that you initially submitted stated that 10 full-time employees will be employed during the two year period after approval of your petition. The regulations require that you employ 10 qualified U.S. workers in full-time status, which is defined as not less than 35 hours per week for each employee for two years. I hope this helps.

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    John J Downey

    Immigration Attorney
    Answered on

    I believe you need to have the positions filled; seasonal employment will not work to satisfy the requirements.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are doing direct EB-5, you need full-time, regular employment - not seasonal jobs. If you affiliate with a regional center, then indirect jobs can be counted. At least as long as the regional center program is extended.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For EB-5 immigrant investor purposes, the investor is required to create 10 full-time jobs. This cannot be seasonal.

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    Peter Zhang

    Immigration Attorney
    Answered on

    You should be able to sustain 10 permanent jobs throughout the period. Any reasonable and brief vacancies during the meantime are acceptable, but it should be permanent, year-round employment, with a minimum of 35 hours per week.

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