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How are jobs calculated in an EB-5 project that is a film production?

I am looking to open a film production company using EB-5 investment funds. Can I hire 10 employees for multiple films? For instance, if an EB-5 investor invested $500,000 in a particular film and created 10 jobs, and the same 10 employees work simultaneously on another film which is sponsored by another EB-5 investor, will there be any issues?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A direct EB-5 case requires the minimum of 10 full-time permanent positions (each position of at least 35 hours a week). For a position to be considered permanent, it should last at least two years in duration. Two different EB-5 investors cannot claim the same positions for EB-5 job-creation purposes. Each EB-5 investor must create at least 10 full-time permanent positions to qualify for EB-5. It may be best for you to use a regional center project where indirect/induced jobs may be counted based on USCIS-approved economic methodology models. Otherwise, hire an experienced EB-5 immigration attorney who can help you structure a direct EB-5 new commercial enterprise based on a specific business model/industry and prepare your I-526 petition competently. A comprehensive EB-5-compliant business plan must credibly support the requisite job creation.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    If I understand you correctly, you are attempting to use the same 10 jobs for two different EB-5 investors. You cannot do that, as it would be double-counting. Each investor's funds has to be able to create 10 new jobs. If you want to create two different EB-5 projects for two different EB-5 applicants, that is OK, but the same 10 employees you hire for one project cannot be working in both projects. They need to be full-time employees. I hope this clarifies your question.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as all are under the same commercial enterprise as defined in the project, it should be OK.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For EB-5 purposes, the 10 jobs created must be attributable to one investor. If there are multiple EB-5 investors involved in the business/project, each of the investor must create 10 separate jobs.

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    Phuong Le

    Immigration Attorney
    Answered on

    Job creation will depend on whether it's direct or regional center-sponsored. There are some jobs that can be created from possibly set design/buildout, but under your scenario (direct hires) you would be limited to only one project because otherwise you're double-counting jobs.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It will depend on the structure of the business and its productions, or if you affiliate with a regional center or not. Working with an EB-5 attorney will help set it all up the right way.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    A qualifying EB-5 job is 35-plus hours per week. Two investors cannot claim the same positions.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is tough because there are very few full-time permanent jobs in the film industry. So you need to focus on using a regional center and indirect job counts based on expenditure models. It is possible, but in the past these have been tough cases to win.

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    Charles Foster

    Immigration Attorney
    Answered on

    If an EB-5 investor invests $500,000 for a particular film project, provided that the location is in a targeted employment area which creates 19 jobs over a period of two years, then there should be no problem. However, if the same employees were counted for another investor within the same timeframe, that would be an issue.

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