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What is the time limit for job creation for a direct EB-5 project?

If I start a new commercial enterprise, then for how long must I have 10 full-time employees on my payroll to qualify for the EB 5 visa? If I am not able to keep 10 full-time employees, then can I ask for an extension of time for doing the same? Lastly, if I happen to have 10 full-time employees by the end of a two-year term, then for how long do I need to keep them on my payroll?

Answers

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    Answered on

    Investors have to show 10 full-time positions were created for U.S. citizens or permanent residents in a two year period. The exact timeline may depend on how the investment and project are structured, which is why retaining EB-5 immigration counsel is essential.

  • Avatar
    Answered on

    At the time you file the EB-5 petition on Form I-526 you must have or be employing 10 full-time U.S. workers and maintain them on your payroll throughout the duration of the time it takes you to qualify for lawful permanent residency through the time you file the petition to remove conditional status on Form I-829. If you are unable to keep 10 full-time U.S. worker employees, it could prejudice your eligibility as generally speaking there is no provision to provide for the extension of time for you to meet that particular requirement.

  • Avatar
    Answered on

    At the time you file your I-526 petition, you either have to have 10 full-time jobs, or a credible business plan that shows they will be created within a reasonable time. The regulations require that the jobs must be created within the two years or within a reasonable period of time thereafter. We advise that you should have the 10 full-time employees permanently, which means at least until the I-829 removal of conditions is approved.

  • Avatar
    Answered on

    The burden of proof is on the EB-5 immigrant investor to show that 10 requisite full time jobs will be or have been created when filing the I-526 petition, and also that the jobs were indeed created/maintained when filing the I-829 removal of conditional permanent residence. There are no statutory requirements as to "how long" the jobs must be created for, outside those parameters.

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    Answered on

    By the time you file to remove the condition on your permanent resident status, and that application is approved.

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