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Questions & Answers

What kinds of jobs will meet the EB-5 program requirements?

Would 1099 contractors devoted solely to the new commercial enterprise qualify for the 10 required jobs? Or are W-2 workers the only suitable option for EB-5?

Answers

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    Irina Lust

    Immigration Attorney
    Answered on

    You must create full-time employment for at least ten positions for qualifying United States workers. Employment is defined in terms of the position, not the person, requiring full-time (35 hours/week) employment.

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    Charles Foster

    Immigration Attorney
    Answered on

    No. Independent contractors do not count. The investment must create 10 full-time jobs for U.S. workers or, as you stated, W-2 workers.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Only FULL-TIME jobs can be counted toward the 10 requisite job creation and 1099s would not qualify as they would not be considered employees.

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    Anthony Korda

    Immigration Attorney
    Answered on

    This will depend on whether the project you invest through a regional center or if you are making a direct EB-5 investment. If the project is located within a designated regional center, indirect jobs will be counted. Accordingly, contractors and 1099''s are permissible. However, in a direct investment, only direct jobs (i.e. employees) are counted.

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    Jon Eric Garde

    Immigration Attorney
    Answered on

    You need to create ten employees, meaning those receiving W-2s.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    In a direct EB-5 investment case, you need to hire employees who will fill at least 10 full-time direct positions (at least 35 hours a week). Employees may be combined to fill one full-time position but you cannot count two part-time positions as one full-time position.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They must be employees, so that means W-2.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The new business enterprise must create 10+ full-time, permanent jobs backed by W-2 and I-9 forms. 1099 independent contractors will not suffice.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    The new commercial enterprise must create ten full-time jobs; this would not include temporary contract workers.

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    Ian E Scott

    Immigration Attorney
    Answered on

    Only W-2 workers qualify.

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