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What are the job creation requiremets when creating an EB-5 direct investment business in a regional center?

Hi all, I am thinking about expanding my restaurant business in a EB-5 Regional Center development. My source of funding would also be EB-5 money. Would putting an EB-5 direct investment business (creating 10 direct jobs) into a EB-5 Regional Center cause future issues with USCIS in particular, double-counting the job creation? I read that Regional Center counts direct, indirect, and induced jobs do these job categories already take into account the employees I will be hiring for my business?

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    A direct investment requires the creation of 10 direct, full-time jobs. USCIS will not allow jobs to be counted twice. However, if your expansion project is accepted by a regional center, you will be able to count direct, indirect and induced jobs towards the creation requirement.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; this could get complicated. A careful review of the business plan and the economist''s report will yield the answer to your question. Since no double counting is allowed, if the indirect jobs credited for the regional center rely in any way on direct jobs from the restaurant, then your direct EB-5 investment could be considered insufficient as to job creation.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You may decide to set-up a direct EB-5 project and, therefore, under these circumstances all the investors that will be investing in your project, will now become equity owners of the project according to the latest U.S. immigration policy memorandum. By associating your direct EB-5 project with a existing regional center, the employment creation which will be created as a result of the investment. In this example, one can be shown that there is indirect employment creation in a regional center rather than just rely on a typical direct EB-5 model that there will be the creation of 10 full-time jobs by either U.S. citizens or S permanent residents.

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    Marc Yelnick

    Immigration Attorney
    Answered on

    In most regional center investments, the job creation is considerably larger than the 10 required. If the center counted the jobs in your business in its report of jobs created, then you could not reference these. Regards.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The jobs the business (also known as the job creating entity or. Generally, the EB-5 project) hires itself would be the direct jobs. The indirect and induced jobs would be estimated by a qualified EB-5 economist under the guidance of qualified EB-5 immigration counsel, like our law firm.

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