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When must I hire 10 qualified employees for my EB-5 business?

I have a question about employees for an EB-5 business. I know that I must provide 10 jobs to qualified U.S. workers. I want to know if I can start with 1 or 2, and then, when my business grows, hire new employees until I have 10? Is there a maximum time to have all 10 employees or will this depend on my business plan?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    At least 10 full-time jobs have to be created by the time you file your I-829 to remove conditions on your green card. Your business plan has to be credible and provide projections as to how jobs will be created.

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    John J Downey

    Immigration Attorney
    Answered on

    Right, it is all dependent on your business plan; if USCIS accepts the plan then you may add people progressively.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You must show that your new commercial enterprise will create at least 10 full-time jobs for qualifying U.S. workers within two years of your receiving conditional lawful permanent residence. Your business plan must contain, among other things, a timeline for creating the positions and hiring the employees. If your business plan is credible and makes the proper projections, and if you meet all of the other EB-5 requirements, you will have two years of conditional residence in the United States to deliver on the business plan projections. In order to remove the condition after two years, you must have sustained your investment and created the 10 full-time positions.

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    Charles Foster

    Immigration Attorney
    Answered on

    When you file your I-526 EB-5 investor petition you have a commitment to hire 10 individuals. Once approved and the individual obtains lawful permanent residency, the individual investor should commence the process of hiring the 10 individuals. Remember, at the end of 24 months you must file a petition to remove conditional status and to establish that you have hired 10 full-time authorized U.S. workers during that period of time.

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    Jack C Sung

    Immigration Attorney
    Answered on

    It depends on the business plan and all 10 employees must be hired before you file to remove the condition on the green card.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    An EB-5 investor has to create 10 full-time jobs within two years. Planning for employment creation and the infrastructure of your business requires an experienced EB-5 attorney.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You need to show the minimum of 10 jobs created when you file to remove the conditional permanent residence (two years after becoming a conditional permanent resident). Your business plan should also reflect the intent/plan for 10 jobs created within two years of filing.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It will depend on the business plan, but you should have created those jobs by the time you file the I-829 removal of condition application. If you have only created eight jobs and will be adding two more shortly thereafter, USCIS may take that under consideration and could approve it. However, the most conservative response to your question would be to create those jobs by the time you file the application.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    All 10 employees must be in place within two years upon approval of your I-526.

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    Stephen Berman

    Immigration Attorney
    Answered on

    By the end of your two-year conditional status you should need to show that you created the 10 full-time jobs.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It will depend on your business plan, but the jobs to have to be sustained for a two-year period.

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