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What are the requirements for the jobs that need to be created with an EB-5 project to qualify an investor for their green card?

I know that 10 permanent jobs are required per investor, but what are the job requirements and how long must those jobs last to qualify me for a green card?

Answers

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    Answered on

    In a direct EB-5 investment case, an EB-5 investor is responsible for creating at least 10 full-time jobs (at least 35 hours/week) for qualifying employees. Your investment and jobs must be maintained until the approval of the I-829. In a regional-center-based investment, you can take advantage of indirect and induced job creation.

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    Answered on

    The requirement for EB-5 purposes is that, for each investor, at least 10 full-time jobs must be created for U.S. residents or citizens. Since you will need to file to remove conditions (I-829) in 2 years and the adjudication period for the I-829 may also take another year or so, the safe bet would be to ensure the jobs be maintained for at least 3 years or more.

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    Answered on

    Jobs must be considered permanent, full-time jobs, not seasonal or temporary. Hopefully, the employees you hire will stay with the job for a long time, but no one can force an employee to stay at the job. Thus, having a vacancy in the job for a while should not be a denial issue. When the job position is vacant, you should replace the worker as quickly as possible so that you will have the proper W-2s and I-9s to document that you have created jobs to put U.S. workers to work with your investment. Depending on the circumstances, an investor still may be entitled to claim the jobs created if there was no material change in the business plan and ten full-time jobs for qualifying employees were created by the result of the investment. This is a delicate issue that needs to be articulated carefully by an experienced practitioner.

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    Answered on

    A full-time permanent position means one that is for at least 35 hours per week and is not seasonal or intermittent but is expected to last at least two years. The employment should be created and maintained at least until you receive your permanent green card (condition removed), except under limited circumstances.

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    Answered on

    For EB-5 purposes, each of the jobs must be full-time. A full-time job is defined as a situation in which an employee, who is qualified to work in the U.S., works for a minimum of 35 hours per week. Also, the job must last for about 2 years which usually means until the I-829 is approved.

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    Answered on

    Ten jobs must be created for each investor. The jobs must be created either directly, which would require the EB-5 investor at the time the Petition to Remove Conditions on Form I-829 is filed to demonstrate that the jobs were created and maintained throughout the 2+ year period since obtaining Lawful Permanent Residency through showing W-2 and W-4 forms and other evidence of direct job creation. If the investment is made through an EB-5 regional center, it is also possible to show that jobs were created based on the economic studies showing jobs that are induced or created based upon the overall dollar amounts invested in the project.

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    Answered on

    No specific jobs are required but they should be suitable for the type of business involved. I would maintain the jobs at least until the I-829 is approved.

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    Answered on

    The new business enterprise must create ten full-time jobs for U.S. Citizens or Permanent Residents for a period of at least two years. You should consult with your Investment Immigration Attorney on this issue before you commit to any investment in any new business enterprise.

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    Answered on

    10-direct jobs must be created through the course of the investment and business growth. If granted, you will receive conditional lawful permanent resident status for a 2-year period. At that time, your investment is reviewed.

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