How is the timeline for job creation requirements calculated with a direct EB-5 investment? - EB5Investors.com

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

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

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

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