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What are the requirements for employees of an EB-5 investor?

I became a full-time employee for an EB-5 investor in April 2016. I got another job offer in December. May I have both jobs at the same time? Or will it ruin the investor's EB-5 visa?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    EB-5 jobs are based on the position, not necessarily the individual holding that position. If you take another job, your old position should be re-filled.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    An employee of an EB-5 employer must be authorized to work in the United States. As a result, the employee may be a citizen, permanent resident or anyone who has been authorized to work in the U.S. either with a work visa (such as an H-1B) or the Employment Authorization Document (EAD) (through approved I-765). If you are a foreign national, depending on the authorization for work you possess, you may or may not work with another employer. With regards to your current EB-5 employer, if you choose to work with another employer, it won''t affect the employer as to its EB-5 standing. However, if you are a foreign national be careful before you proceed. Any decision to work with another employer may subject you to a violation of the law governing your visa. Advisably, consult an immigration attorney before proceeding further with your plan.

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    Phuong Le

    Immigration Attorney
    Answered on

    It is very thoughtful of you to consider the potential impact on the EB-5 status of the investor before taking the second job offer. So long as you are able to maintain your full-time employment hours with your current position, it should be doable. To be safe, you can consider talking things over with your current job to make sure there will be no negative impact, but I suspect they will be more concerned regarding whether you can maintain both jobs at the same time.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As long as you work for the EB-5 investor for at least 35 hours per week, you are still considered a full-time employee for purposes of meeting the job creation requirement. Your part time employment with another company will not affect anything.

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    Charles Foster

    Immigration Attorney
    Answered on

    There are no specific requirements for employees of EB-5 investors per se. In the case of a direct EB-5 investment, there must be 10 new employees for each investor and the employees must meet the definition of a U.S. worker as a U.S. citizen or lawful permanent resident. They must be full-time employees. It is a requirement of the job creating entity to show that have created the 10 full-time jobs or the equivalent of same, e.g. 20 half-time jobs per investor. As long as you are a full-time employee and a U.S. citizen or lawful permanent resident, that is sufficient even if you have another job somewhere else provided that it is a true job for which the employer can establish that they are paying you a salary on which they are withholding Social Security and FICA and you are receiving a W-2 form on an annual basis.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you remain a full-time employee with the EB-5 investor, a second job will not hurt him.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Positions are counted, rather than individuals. So, the employer may potentially have you and another individual fill in the full-time position on a part-time basis for each individual as long as the position remains full-time (at least 35 hours a week).

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    You should speak with the EB-5 investor and their immigration counsel before taking any action. The jobs created must be full-time at 35 hours per week. However, part time positions can be combined to be the equivalent of one full-time. You could not be working full-time for two different companies. The EB-5 investor could chose to replace your position as a solution should you take another job.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Provided you work full-time - that is 35 hours a week for the investor's business - it does not matter that you also have a second job.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For EB-5 requirements, the job creation requirement is for 10 full-time jobs for U.S. residents/citizens. If you are maintaining full-time employment status, and/or if there are more than 10 full-time jobs created - not including your position - then the EB-5 petition should not be affected.

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