How do we attribute jobs only to the EB-5 investor? - EB5Investors.com

How do we attribute jobs only to the EB-5 investor?

Is it a problem if the EB-5 investor invests $500,000 and a U.S. citizen invests $250,000 and 10 jobs are created? Do we have to show more jobs are created since we have two investors, even though the second investor is a U.S. citizen and does not need an EB-5 visa? How do we attribute the 10 jobs to only the EB-5 investor?

Answers

Yazen Abdin

Yazen Abdin

Immigration Attorneys
Answered on

As the EB-5 program currently stands, the jobs created are attributed to the foreign investor.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

There is NO requirement that an investment by a U.S. citizen create 10 jobs. That requirement applies to the foreign investor. Most times this is usually detailed in the business plan.

Anthony Korda

Anthony Korda

Immigration Attorneys
Answered on

Although there may be changes in the future when the program is to be renewed, currently, all of the jobs created by the investment will be credited to the EB-5 investor(s), even if other funds are invested from non-EB-5 sources.

John J Downey

John J Downey

Immigration Attorneys
Answered on

All the jobs are attributed to the EB-5 investor. Any investment by someone other than an EB-5 is just an investment for profit and jobs are not attributed to their investment.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

It is the foreign investor's fund that counts in a situation where the funds of both foreign investors and U.S. citizens are combined as part of a joint venture. However, it is advisable that the attribution be well-delineated (a sort of cash flow analysis and its effects on creation of jobs) to avoid assigning a significant part of the jobs created to the second investor who happened to be a U.S. citizen.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

You would show the expenditures from the EB-5 funds. Please consult with an EB-5 attorney and economist for assistance.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

You could specify in the business plan. The job creation requirement is for each EB-5 investor. In your situation, there is only one EB-5 investor. Please note, however, the EB-5 investment of $500,000 is only if the business is certified by the state as being located in a Targeted Employment Area (TEA). Otherwise, the minimum EB-5 investment requirement is $1 million.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

At the moment this is not an issue and USCIS allows all jobs to be attributed to the foreign national.

Raymond Lahoud

Raymond Lahoud

Immigration Attorneys
Answered on

The funds must come from the EB-5 investor, even if it is in terms of a loan from the U.S. citizen. The investment must be by and through the foreign EB-5 investor.

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
Answered on

The job creation requirement only applies to the immigrant investor. This question is best addressed by consulting with an experienced EB-5 investment attorney.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

You can allocate the 10 jobs to the EB-5 investor.

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