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What is the completion timeline for investment and job creation for EB-5?

After obtaining the conditional green card, do we have 2 years to show a 1. CUMULATIVE investment of 500K by the end of 2 year period (TEA) and 2. Can we start the company with 4 FTE, increase to 10 jobs by the end of 2 year period?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The investment must be placed at risk prior to approval of your I-526. The ten jobs must be created by the end of the two year period. A comprehensive business plan presented with your EB-5 petition should forecast at least six additional jobs to meet your job requirement.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    The first point that needs to be clarified is if are you looking at a direct EB5 investment or through a Regional Center. That is crucial to answer this question.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Yes to both. I will be happy to explain.

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    Rachel Lew

    Immigration Attorney
    Answered on

    The $500,000 capital amount has to be invested and at risk in the commercial enterprise at the time of I-526 petition is filed, and before obtaining the conditional green card. The jobs do not need to be in place at the time I-526 petition is filed. However, a business must be submitted defining the roles and estimated dates when the job positions will be created and filled. With certain exceptions, USCIS does expect that all of the requisite jobs have been created by the time the I-829 petition is adjudicated.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    1. The requisite minimum investment amount ($500K if the business is located in a TEA) must be invested at the time of the EB-5 Petition is submitted, NOT AT THE END OF THE 2 YEARS; 2) At the beginning you may show business plans to hire and create 10 new full-time employees/jobs, and at the end of the 2 year period, you must show that the 10 jobs were created and filled.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    In order to obtain the two-year conditional lawful permanent resident status, the EB-5 investor must show that he or she has invested or is in the process of investing the required amount of capital. Once the two-year green card is obtained, the investment must be sustained for the entire period until the condition is removed. Also, if you start the company with 4 FTE and show a credible and feasible comprehensive business plan proving the need for at least another 6 FTEs, it is acceptable to hire them before the end of the two-year conditional period or within a reasonable time thereafter. You should consult with an experienced EB-5 immigration attorney to advise you regarding the specific documentary requirements for these matters.

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    Bill Travis Klein

    Immigration Attorney
    Answered on

    The money must be committed and at risk and should be substantially spent or will be totally expended within a reasonable time after the 2 year period. As long as 10 jobs are created by the end of the 2 year period you should be okay. Please keep in mind there is not set in stone dates and the more border line your business hiring and investment amount spent are, the more at risk you are for a delay, a Request for more Evidence or a denial. You should be working with an Immigration Attorney to check your progress at regular intervals during the 2 year period so you can be prepared to address any issues at the I-829 Stage.

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