+1-800-997-1228
Questions and Answers > EB-5 Direct Investments

How is the timeline for job creation requirements calculated with a direct EB-5 investment?

We directly invested in a firm that is located in a TEA and received our temporary EB-5 green card earlier this year. Currently, the firm only has five full-time employees due to COVID, so this could be an issue for us. Do we have to maintain the ten positions throughout the entire two-year period? Or by which point do we need to have ten full-time jobs created? Is there any way we can make up for not having ten full-time employees during our first six months?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need to follow the business plan. Note, you have to create 10 new jobs, and generally cannot count the existing jobs unless this is a troubled business. If you deviate from that, you may have issues, but you absolutely want to have 10 new full time employees at the time you file the I-829.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    As long as the ten full time jobs have been created before the end of the conditional permanent residency period.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    The new commercial enterprise must have ten full-time employees at the time that the I-829 Petition to Remove Conditions is filed with U.S. Citizenship and Immigration Services.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You need ten full-time jobs by the time you file to remove the condition from your resident status.