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What happens if my EB-5 investment will not create jobs?

I would like to invest in real estate. It will be a multifamily house for rent, and my brother and I will manage it. I have enough money for investment ($1.2 million), but we cannot employ 10 persons. Can I still apply for EB-5 permanent residence? Is there any way around the job creation requirement?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Job creation is the centerpiece of the EB-5 program. Without creating the required number of full-time jobs for qualifying U.S. workers, there can be no EB-5 case.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    No, there is no way around the job creation requirement. Direct investment must create at least 10 full time jobs. You may consider the regional center option where indirect and induced jobs can be counted.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Job creation is an absolutely essential requirement. If you cannot create 10 jobs, you will not be approved.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The job requirement is an absolute.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you rely on direct jobs and do not create them, you will likely be denied. If, however, you use a regional center and indirect jobs, it may be approvable.

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    Anthony Korda

    Immigration Attorney
    Answered on

    The EB-5 criteria are strict and require that jobs are created. In a direct EB-5 (which you seem to be describing) you will not be successful unless you create at least 10 new direct jobs with your investment. However, there may be a way to avoid this, for instance, by relying on indirect employment in a regional center setting. You should consult an attorney experienced in EB-5 cases before investing any funds in an EB-5 project.

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    Ian E Scott

    Immigration Attorney
    Answered on

    There is no way around the job creation requirement. You must create 10 full-time jobs to get an EB-5 visa.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The EB-5 job requirement specifically mandates that you must create 10 jobs or more and you cannot avoid it. If you cannot create 10 jobs, your application will likely be denied. Before proceeding further, talk to an EB-5 attorney and discuss how you can meet the requirement rather than skirting it.

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    Ying Lu

    Immigration Attorney
    Answered on

    Unfortunately, you have to create at least 10 jobs in order to get your permanent green card. Job creation is one of the most important aspects that USCIS will look to.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Unfortunately, a crucial and indispensable part of the EB-5 program is the job creation. You must create the 10 jobs, notwithstanding the fact that you have the requisite investment amount. The very purpose of the EB-5 program is for foreign investments, taken together with job creation. There is no way around the job creation requirement if you are proposing a direct investment project. There are other options, however, such as investing into a project that you do not administer yourself.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No. You must hire 10 Americans. However, if you build your project inside an already approved regional center, the 10 jobs can be "indirect" ones (i.e., jobs created by your project in the community such as taxicab drivers; restaurant help; store employees; etc.). You need to consult an EB-5 attorney to discuss this.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Your investment immigration attorney will explain to you that the creation of 10 jobs is a critical part of EB-5. If the business entity does not create 10 jobs, you face the possibility of your EB-5 application being denied.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Your plan would not seem to work and you will not be approved based on the inability to create 10 direct jobs. If you invested in a regional center project, the job creation method would be different in that you can rely on indirect job creation (as forecasted by a reasonable economic impact study). Otherwise, for direct jobs, the only other option for direct EB-5 business is if you were to purchase a "troubled business" and maintained the existing jobs at the business (no less than 10 jobs saved, otherwise some new jobs would be required).

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    John J Downey

    Immigration Attorney
    Answered on

    Sorry, the statute is named employment creation visa. No way around job creation.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    There are two parts to an EB-5 visa: 1. Investment 2. Job Creation. Either of them in isolation will not give you an EB-5 visa. You need to invest the requisite funds and create the 10 jobs.

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    Ally Bolour

    Immigration Attorney
    Answered on

    This will not work. You need to invest in an entity that generates jobs. It is the basis for the law!

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