How can part-time waiters in a restaurant be counted for EB-5 job creation? - EB5Investors.com

How can part-time waiters in a restaurant be counted for EB-5 job creation?

If multiple part-time waiters working for the same restaurant aggregate working hours to 35 hours per week, can this be counted as one full-time EB-5 job? What are the requirements for “job sharing” arrangements? Have there been any real successes in getting USCIS approval of this kind of arrangement?

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Part-time jobs do not count as direct job creation. Part-time employees sharing a full-time job, that is, one that is at least 35 hours per week, will count as one job created. USCIS does credit job-sharing arrangements as long as the hours are clearly documented and the job is full-time. Therefore, part-time waiters sharing a full-time waiter position will count.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

If the restaurant is in an EB-5 regional center model, then indirect jobs may be created. If the one full-time job for 40 hours per week can be created for two employees then this arrangement can be considered acceptable.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

If a position is a full-time position, it may be shared.

John J Downey

John J Downey

Immigration Attorneys
Answered on

Yes, you may count them as long as it is one job per 35 hours. It has been accepted by USCIS.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Part-time does not count unless it is a shared job.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Generally, a full-time employment position can be filled by two or more qualifying employees in a job sharing arrangement as long as the 35-working-hours-per-week requirement is met.

Steffanie J Lewis

Steffanie J Lewis

Immigration Attorneys
Answered on

No, part-time positions have generally not been aggregated to create a full-time position (minimally 35 hours) and are not accepted as job sharing. A full-time position can be shared by two people.

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