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Who must create the jobs in an EB-5 regional center project?

If a management company is hired to run an EB-5 project and jobs are created through this company, would the Job Creating Entity (JCE) still get job creation credit? Or would it be necessary for the JCE to create its own separate employment entity?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Generally, the focus is on the JCE to create jobs with EB-5 investment. Your situation is complex for online questions. Please consult an EB-5 immigration attorney.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the regional center reports all the jobs directly and indirectly created as a result of an investment. Thus, it does not matter who is in charge of the project as long as the investment in question created the jobs.

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    Charles Foster

    Immigration Attorney
    Answered on

    The answer to this question is at best complex and you should consult with very experienced immigration counsel who have represented a number of EB-5 regional centers/Job Creating Entities/projects. Under certain limited circumstances it may be possible, but again consult with experienced counsel because so much of the answer is in the details.

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    John J Downey

    Immigration Attorney
    Answered on

    This situation looks like the management company would be an independent contractor and this would not be considered as the JCE creating the employment.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If a management company is hired to run an EB-5 project, this would not automatically disqualify EB-5 investors from receiving immigration benefits, but it would be important to clarify upfront the role of the management company as it is critical to show the money invested directly creates the jobs.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS counts the jobs created as a result of the investment and the business activities that the investment is funding. The business activities lead to the job creation. Generally, this is focusing on the Job Creating Entity (JCE).

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