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What is the rule on regional center jobs created prior to investment?

If I invest in a regional center in 2017 and the regional center then invests money in a construction project that has been going on since 2015, will jobs created prior to my participation in EB-5 be considered during the I-829 filing? Does USCIS have a rule for this?

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Most EB-5 projects will have a plan for job allocation. Jobs have to be created by the investment, but there are ways to get credit for previously-created jobs. This is an advanced technique, so please work with experienced EB-5 immigration counsel.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For EB-5 purposes, each EB-5 investor must create at least 10 qualified jobs by his/her investment; therefore, jobs created prior to your investment by other investors may not count toward your required minimum job creation.

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    Charles Foster

    Immigration Attorney
    Answered on

    You are actually not investing in a regional center, but in a regional center job creating project. You can invest funds and the jobs for that particular project will count even though the jobs may have been created prior to your investment if structured properly.

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