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How do I comply with the job creation requirement in an EB-5 direct investment?

How soon does a direct investment EB-5 project need to start creating jobs? During my two-year conditional permanent residency, if one or two jobs are maintained “on and off” during the holiday season, for example, will this count toward the requirements of EB-5? After I successfully remove the conditions on my green card, can I stop my business?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can close the business after you receive your full green card or, technically, when you file your I-839 (if you met all the requirements, although this would be more aggressive). So while EB-5 investors are not required to hire 10 or more U.S. workers right at the time they initially invest their capital, they can provide USCIS a comprehensive business plan evidencing the need for at least 10 full-time employees within a reasonable time after the investment. This business plan is typically a part of an EB-5 investor's Form I-526 petition. USCIS considers "reasonable time" to amount to within two years after applying for an EB-5.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Your business must have at least 10 full-time employees who are U.S. workers at the time of filing the I-829 petition. After USCIS approves the I-829 petition, you can close the business.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A direct EB-5 investment into an NCE should create at least 10 full-time positions for qualifying U.S. workers prior to the end of the conditional lawful permanent residency (a two-year conditional period) or within a reasonable period of time thereafter, i.e. within one year if there is a reasonable excuse for the delay. Seasonal or intermittent jobs do not count, as they are not full-time, permanent positions as required under the direct EB-5 regulations. Once your condition is removed, you can sell or close your business. There is no requirement to keep it going after condition removal.

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    Charles Foster

    Immigration Attorney
    Answered on

    To get a regional center designation application it does not necessarily have to have an industrial code for each intended project or industrial code designation. Once the regional center is approved, you market different projects that are not covered by your industrial coded designation. It is relatively easy to get an approval of same or simply do so when you file the initial investor petition on Form I-526. You are not required to submit a business plan regarding the added project, as it can be described in the initial EB-5 petition filed on Form I-526.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The general rule is that at least 10 full-time jobs must be created within two years. No exception is allowed, and part-time jobs or seasonal jobs cannot be counted. After the removal of the conditions, a direct investor may elect to end the business.

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    Blake Harrison

    Immigration Attorney
    Answered on

    The jobs will need to be created before you apply to remove the conditions by filing Form I-829. There are no further requirements related to the business after you receive the permanent green card.

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    Shenila A Momin

    Immigration Attorney
    Answered on

    You will need to prove that you have created 10 full-time positions during your conditional residency period. The requirement is for 10 full-time positions. If you have a vacancy you will need to fill it immediately and prove that there is 10 full-time positions open all of the time. Seasonal workers who work for a short period of time will not count. This is best explained by the attorney working on your case. The attorney should be able to provide you guidance and give you specific advice related to your case.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The job creation requirement is for 10 full-time, permanent jobs. Sporadic or temporary jobs do not qualify. In order to remove the condition, you need to show that those requisite jobs were created with W-2s, I-9s and other personnel information as well as payroll taxes paid, etc. If you have not quite created all 10 jobs by the time that you file the I-829, you should have a concrete plan and time frame of creating those missing jobs. Given the climate or culture of "no" that the current administration seems to have adopted, I think it will be difficult to get any approvals where the requisite jobs have not been created when they review the case. Thus, it may be likely that they will send an RFE asking for proof that you have created those missing jobs between when the application was filed and when the case is being reviewed for adjudication. If your I-829 has been approved, you may get your money back by selling the business.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Positions need to be created in time for I-829 filing. Immigration has no oversight over your business once the I-829 is adjudicated.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You need to maintain and create at least 10 new jobs with your investment. At the time of filing the I-526 petition, showing a realistic and executable plan to create the jobs is acceptable. At the I-829 filing you need to show evidence that at least 10 jobs were indeed created and maintained.

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