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How many jobs we would need to create as an EB-5 developer?

The company I work for is doing research into becoming a developer for an EB-5 project. One major question we have is on the subject of how many jobs we would need to create and for how many years. The question is, would our project qualify if we created 50 jobs in one year as opposed to 10 jobs that last for 5 years?

Answers

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    Stephen Berman

    Immigration Attorney
    Answered on

    Creating over 10 jobs in one year, including creating 50 job in one year, would qualify.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Ten permanent, full-time position per each investor, regardless of the lower or higher amount of investment required. Permanent jobs mean those last at least two years. If you are affiliated with a regional center you can count indirect employment.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The number of jobs you need to create depends upon the number of EB-5 investors in your project. The EB-5 law requires that 10 full-time positions be created for each EB-5 investor. If you are a direct EB-5 project, that means you need to show the creation of the required number depending on how many EB-5 investors of actual direct positions for full-time at least 35 hours per week W-2 employees for the new commercial enterprise. If your project is affiliated with a regional center, your project may be able to get credit for both direct and indirect/induced job creation as determined by an economic impact study based on reasonable econometric methodology. There are experts available who can help with such a study.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need to have your project evaluated by an economist qualified in this area to determine how many direct jobs will be created. You can also count indirect jobs if you will affiliate with a regional center. Over 90% of EB-5 projects are affiliated with regional centers.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You must create 10 new full-time jobs for each EB-5 investor. They must be permanent jobs. Thus short-term construction jobs do not count at all. If you are part of a regional center you do not have to hire all the above employees, but you can get an economist to do a report that shows, if you build the project, it will create a number of indirect jobs in the city, and under a certain formula, you can get credit for some or all of the indirect jobs. Also, some of the construction jobs can also be counted. If you are not already part of a regional center, you might be able to find a distinguished regional center in your area that will let you do your project under their regional centers (for a fee and/or some equity in the project).

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    The answer depends on various factors, including the cost of construction and the number of full-time jobs that may result from full-time operations. Most construction projects such as the one you describe may benefit from the EB-5 regional center program, which allows for jobs to be created and credited as a result of the indirect effects due to the cost of construction, operations expenditures, revenues, and even induced spending effects on the economy caused by employee spending. Other necessary questions that need to be answered are how much EB-5 capital you will need for the project. So you can be helped more and share information specific to the project, you should reach out to a lawyer specializing in EB-5 immigration law.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The general rule is that each investment must result in 10 jobs within two years of the investment. The mathematical calculation is so precise and makes sure you follow that rule otherwise, your regional center may encounter problems going forward.

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