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What is a "tenant job" in an EB-5 context?

What does the term "tenant job" mean in the context of the EB-5 program? Is this a valid type of job that can be created through either regional center EB-5 investment or direct EB-5 investment?

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    Answered on

    By working with a good EB-5 team, you can determine proper job creation methodology and estimates, and avoid tenant job issues. This was a big problem in 2012 but, since then, EB-5 professionals have done a lot of good work to figure this out.

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    Answered on

    Generally speaking a developer cannot rely on tenant-created jobs other than in very limited circumstances - basically you have to show they are new and not relocated jobs. Here is the government guidance: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Interim%20EB-5%20Tenant-Occupancy%20GM.pdf.

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    Answered on

    What you may be referring to is the ability to count jobs created by a tenant in the commercial enterprise that the immigrant investor invests in, toward the minimum 10 job creation requirement for EB-5 immigrant investor processing. This is only applicable, however, if the investor invests through a regional center, and not for direct investments. This is considered an "indirect" job creation.

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    Answered on

    "The term "tenant job" refers to jobs created by the tenants within your project. These jobs may not be valid for EB-5 purposes, although there are some arguments that can be made to be able to receive credit for them.

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