I want to invest in an EB-5 project in which jobs are already created. If I invest at this point, how will USCIS count the job creation? Is it advisable to invest in a project like this?
The EB-5 business has to create 10 full-time jobs as a result of your investment. You cannot count existing jobs of an existing U.S. business unless the U.S. business is a troubled business.
If the jobs are already created, your investment won't qualify for EB-5 unless it's a troubled business with a net loss equal to 20% incurred in the past 12 or 24 months from filing.
Feel free to invest in this type of project. There is nothing unusual or wrong if the project has created the required jobs. It is common that the regional center operating this type of project would have detailed how the jobs would be created in this type of circumstance.
Jobs already created may still count and it is not unusual, provided your funds still flow into the job-creating entity. Consult on details with experienced immigration attorney in EB-5 representation.
Yes. As long as there is a nexus between your investment and job creation, the fact that the jobs were already created before you invested should not be a problem. This nexus occurs when the EB-5 investment refinances a bridge loan that is already in place, that was initially used to advance the project and create the necessary jobs. According to USCIS, Policy Manual, Chapter 2 where they discuss Eligibility Requirements, Section D. Creation of Jobs, Bridge Financing, "... even if the immigrant investor financing was not contemplated prior to acquiring the temporary financing, as long as the financing to be replaced was contemplated as short-term temporary financing that would be subsequently replaced by more permanent long-term financing, the infusion of immigrant investor financing could still result in the creation of, and credit for, new jobs." Therefore, as long as your situation resembles the one that is described by USCIS, you should be fine.
You have to show that your investment will create the required 10 job opportunities, regardless of the existing jobs.
For EB-5 purposes, you can only count the 10 new jobs created by your investment, unless this involves a "troubled business."
The investment is supposed to be reasonably calculated to create new employment. Existing employment will not count for EB-5 purposes.
You will need 10 new jobs as a result of the investment, not existing jobs.
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