Questions and Answers > EB-5 Requirements

Are jobs created before the adjudication of an I-526 application qualifies for EB-5?

I am starting a dental office as an EB-5 direct investment. My question is, if I hire six employees before my I-526 is adjudicated, will these 6 employees be considered fulfilling the requirement of EB-5?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on May 28, 2019

  Yes, the six employees hired prior to the filing of the I-526 would be counted.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 24, 2019

  If you hired them as a result of the investment, they should count, but if it's an existing business more restricted rules apply.

• Daniel A Zeft

  Immigration Attorney

  Answered on May 23, 2019

  Yes, jobs created by the new commercial enterprise count.

• Marko Issever

  EB-5 Broker Dealer

  Answered on May 21, 2019

  Yes, of course. As long as all your paperwork is in place all those jobs should be counted. I assume you know that you need to create at least four more full-time positions, though. In total, you need to create at least 10 full-time positions. I strongly advise you not to do this alone. People who think that EB-5 direct investment is an exercise of hiring 10 new employees and there is nothing else about the exercise find the hard way that they did not comply with all the requirements that come about with a proper EB-5 investment. The professional will guide you through not only all the steps you need to take but equally importantly in which order to execute each step.

• Charles Foster

  Immigration Attorney

  Answered on May 20, 2019

  Yes, if you keep them.

• Salvatore Picataggio

  Immigration Attorney

  Answered on May 20, 2019

  According to USCIS, the 2-year period is deemed to begin six months after adjudication of Form I-526. The business plan filed with the immigrant petition should reasonably demonstrate that the requisite number of jobs will be created by the end of this two-year period. That said, job creation timelines are developed with your attorney and business plan writer to ensure the job count is sufficient when the I-829 is filed.

• Dale Schwartz

  Immigration Attorney

  Answered on May 20, 2019

  Yes they will.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on May 20, 2019

  Job creation period starts with the investment.

• Julia Roussinova

  Immigration Attorney

  Answered on May 20, 2019

  The requisite minimum amount is to create at least 10 full-time positions. A full-time position means a position of at least 35 hours/week. Requisite job creation must be shown at the time you file I-829 petition for removal of conditions. If not all jobs are created, you will have to explain the reasons and show that at least 10 full-time positions will be created within reasonable time. Best practice is for you to follow the EB-5 business plan and the hiring timetable as evidenced by the business plan, which is submitted with your I-526 petition. Your EB-5 immigration attorney should be able to guide you on the process. If you do not have an EB-5 immigration attorney, please hire one before you submit I-526 petition to USCIS to avoid mistakes.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on May 20, 2019

  Yes. Jobs created by the NCE into which you have invested should be counted as long as there is a nexus (a connection) between your investment and the job creation. In other words, jobs created after you invested your EB-5 capital but before the adjudication of your I-526 may be counted.

• Hassan Elkhalil

  Immigration Attorney

  Answered on May 20, 2019

  Not really. You have to work to have the 10 employees within a reasonable time from the time you file your application, the I-526. You want to make sure you have the 10 employees while the I-829 is pending.

• Barbara Suri

  Immigration Attorney

  Answered on May 20, 2019

  There is no requirement that the 10-job requirement be met only after the adjudication of an I-526 application.

• Robin J Gray

  Immigration Attorney

  Answered on May 20, 2019

  Yes, those jobs would be counted toward the requirement of fulfilling the 10-job requirement for an EB-5 visa, but they and the additional four jobs that can be created within 2 1/2 years after the approval of the I-526 must be sustained during the entire period of the EB-5 process until the approval of the I-829 to remove the conditional residency.

• BoBi Ahn

  Immigration Attorney

  Answered on May 20, 2019

  Yes, they would count toward the requisite minimum 10-job creation. For EB-5 purposes, you need to demonstrate that your investment in the new commercial enterprise resulted in the creation of at least 10 new jobs. You will need to provide evidence of this when you file for the I-829 removal of conditional permanent residency. At the time of filing the I-526, you need to show that you have definite plans and the business has the capability of creating these 10 jobs.