Questions and Answers > EB-5 Requirements

How are construction and temporary jobs counted for a hotel project that takes three months to complete?

I am confused about how to track the jobs created by EB-5 projects. For example, if the capital is used to build a hotel which only takes three months to complete, how are the construction jobs and temporary jobs counted? Additionally, how long do the jobs need to be maintained? How do you show evidence that those jobs are indeed created?

Answers

• Lei Jiang

  Immigration Attorney

  Answered on April 28, 2014

  If the construction jobs only take three months, then it will not be counted. To show the evidence that the required jobs are indeed created, you need to provide W2s.

• Ying Lu

  Immigration Attorney

  Answered on April 25, 2014

  It depends on the type of the EB-5 business you have. If this is a direct EB-5, then all jobs that last less than two years cannot be counted as permanent jobs. However, under the regional center context, the temporary jobs may be counted. You need to consult an experienced EB-5 attorney to get a case specific analysis.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 23, 2014

  Jobs that last less than two years or temporary jobs do not count at all. If the investment is in a regional center, there may be an economic methodology that takes these into account as part of a multiplier, but an economist would have to review and advise on that matter. Regional center indirect job tracking and direct investment direct job tracking are done differently.

• Ed Beshara

  Immigration Attorney

  Answered on April 22, 2014

  Obtaining guidance and advice from experienced EB-5 attorneys and economists regarding how the required jobs are created in a Regional Center EB-5 compliant project is essential. Job creation will occur from construction jobs and/or operations.

• Jinhee Wilde

  Immigration Attorney

  Answered on April 21, 2014

  Construction jobs are considered permanent if the construction lasts more than 24 months. Temporary jobs are not counted as the EB-5 rules for job creation is 10-plus full-time, permanent jobs.

• Fariba Faiz

  Immigration Attorney

  Answered on April 21, 2014

  It depends on whether you are using direct investment process or going through the regional center.

• Salvatore Picataggio

  Immigration Attorney

  Answered on April 21, 2014

  Those jobs may not last long enough to be permanent. Retaining qualified EB5 counsel who works closely with experienced economists is always advisable to make sure your plans and project can be compliant with EB-5 rules, regulations, and policies.