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When do EB-5 funds have to enter a project in order to count construction jobs?

If a hotel project starts to raise EB-5 funds when the hotel is nearing completion, will the construction jobs be counted as new job creation? What time constraints are applicable when evaluating construction jobs for job creation?

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    Sufen Hilf

    Immigration Attorney
    Answered on

    The key issue is whether the infusion of the required investment funds, either half a million of a million will create an additional 10 jobs. So, if the invested fund actually created 10 additional jobs. If so, it will meet the requirement. If these jobs are already created by funds other than the investor funds, then you cannot count these jobs.

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    Ed Beshara

    Immigration Attorney
    Answered on

    It is advisable that the EB-5 funds enter the project before the end of construction. The bridge loan can be paid off by the EB-5 funds and the jobs created by the construction will be counted toward the EB-5 investors.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    In a situation as this, the construction jobs can still be counted if more of such jobs are added. This is primarily because a construction project typically entails hiring various workers of different skills continuously as the project progresses. If enough jobs for at least 10 U.S. workers are created the investor whose investment makes those jobs possible can certainly obtain an EB-5 visa. However, before proceeding further get good counseling from an EB-5 attorney, lay out all your facts and conduct due diligence on the project in question.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    For construction jobs to be considered permanent, they generally must last for at least two years. If the construction project is nearing completion, it is unlikely you may be able to count the jobs.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is a generally-recognized two-year timeline for jobs to be counted for EB-5 purposes (tied to the two years of conditional permanent residency that used to be obtained within a few months of filing the I-526). Permanent jobs must last for at least two years, which means a nearly completed construction project may not be able to use the construction jobs.

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