Can I invest in an agricultural project like an orchard farm and qualify for EB-5? Also, agricultural businesses usually do not need permanent employees but a lot of seasonal employees. How can I structure the hiring process to meet the job requirements of EB-5?
In the early days of EB-5, it was successfully done, particularly in California and some other states. However, to do this you need a good business plan that is complaint and shows you can meet the EB-5 requirements. Advisably, previously this type of venture was usually operated by regional centers.
You may not count seasonal employees for direct EB-5 case. You must directly hire at least 10 full-time (at least 35 hours a week) employees to be successful in a direct EB-5 case. Otherwise, you should invest in a reliable USCIS-approved regional center project, where you can take advantage of indirect/induced job creation and get your EB-5 green card that way.
Agriculture may qualify as rural, and the way you show job creation is via a regional center that allows you to count jobs indirectly via expenditure and other models.
Depending on the scale, it may be able to hook up with a regional center for indirect employment creation. A consultation with an experienced EB-5 attorney will be of great benefit to you.
I know of no reason why an agricultural project cannot qualify for EB-5. But you have hit on the reason that there are so few agricultural projects in EB-5 investments. Their employees have to be full-time, year-round workers, and that never works in agricultural settings. Plus, if the farm already has a number of employees, you would need to hire 10 more employees. You might be much better off looking at a safe regional center investment.
EB-5 requires 10 new permanent jobs. You can have additional seasonal workers but must have the permanent workers within two years of I-526 approval.
An agricultural project can qualify as a direct EB-5 investment as long as you meet the qualifications and job creation for an EB-5. You must create 10 full-time jobs. Temporary workers do not count toward the job creation. The employees must work at least 35 hours a week. You can hire and fire employees, but the full-time position count must be maintained.
In order to qualify for the EB-5 Immigrant Investor Program, you would need to create at least 10 full-time jobs. Seasonal workers, to my knowledge, would not qualify as full-time jobs.
Yes, absolutely. You can invest in an agricultural project like an orchard farm and same could qualify as a direct EB-5 investment, provided that you create the jobs and make the minimum investment. One would assume that a farm would be in a rural area and qualify as being located in a targeted employment area (TEA), so in that case the investment would have to be $500,000. Unfortunately, seasonal employees do not count for EB-5 job-creation purposes. You have to show that you hired individuals in positions that are likely to last for two years or longer.
