What are the requirements for removing conditions when it comes to EB-5 job creation? - EB5Investors.com

What are the requirements for removing conditions when it comes to EB-5 job creation?

One of the USCIS requirements for removing conditions is the creation of at least 10 full-time positions. The USCIS website states as follows: “In making the determination as to whether or not the immigrant investor has created the requisite number of jobs, USCIS does not require that the jobs still be in existence at the time of the petition to remove conditions adjudication in order to be credited to the investor. Instead, the job creation requirement is met if the investor can show that at least 10 full-time jobs for qualifying employees were created by the new commercial enterprise as a result of his or her investment and such jobs were considered to be permanent jobs when created.”

I therefore understand that the 10 jobs do not need to exist at the time the I-829 petition is filed.

Does this mean that the 10 jobs can be created at any point during the life of the investment and could cease to exist even before the conditional residence begins (before the I-485 is approved)? Or must the 10 jobs also exist during the conditional residence period? In other words, how long and during what period must the 10 jobs be maintained?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

I consider "at the time of the investment" to start the clock, which would come at the time of filing the I-526 petition. Often, the business plan will also detail the hiring timelines.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

This issue has never been 100% clear. The 10 jobs have to be created as stated in the business plan. Some argue the 10 jobs must exist until the filing of the I-829, others argue they should exist for two years; however, there does not appears to be a clear definitive answer to this important question.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

There is no specific time but it must be clear that they were intended to be permanent when created.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

There is no requirement as to the duration of the jobs. The requirement is that the jobs must be created during the two-year conditional period and that they must have been considered permanent (anticipated to last at least two years) at the time they were created. Theoretically, the jobs could exist for one quarter or even less and the I-829 can still be approved.

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