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How can I convert part-time jobs to full-time positions to qualify for EB-5?

I applied for EB-5 through a direct investment three years ago. My I-526 was approved and I got my conditional green card. Next year I will need to apply for I-829 and prove the creation of 10 jobs. Currently I have about 20 people working part-time for me. How can I best convert these jobs to full-time positions to make sure that there would not be issues during the I-829 stage? What should I be careful about?

Answers

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    There is always the confusion between 10 full-time "positions" and 10 full-time "jobs." The language in the USCIS Policy Manual - as published on Feb. 12, 2019, Volume 6, Immigrants Part G, Investors Chapter 5 - Removal of Conditions Section B.1 - clearly addresses your question. It states, "The full-time employment criterion focuses on the position, not the employee. Accordingly, the fact that the position may be filled by more than one employee does not exclude the position from consideration as full-time employment. For example, the positions described in the preceding paragraph would not be excluded from being considered full-time employment if the general laborers needed to fill the positions varied from day-to-day or week-to-week as long as the need for the positions remain constant." So, what USCIS is looking for is filling 10 full-time positions. If you could demonstrate that 20 employees working part-time were able to fill the 10 full-time positions, you should not have any issues.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You need to make them full-time employees in whatever business-appropriate way you can.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Convert to 10 full time. Easy.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They must be working 35 hours or more to count as full time and they must be employees, not independent contract W-2s.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Two part-time jobs are necessarily the same as one FTE job. In general, each position should be at least 35 hours per week, and you can have more than one employee filling the position. Your attorney will guide you in presenting this information to USCIS.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    How was the business plan drafted when you submitted your I-526 petition? A business plan should have had a hiring timetable and descriptions of full-time positions credibly needed by your EB-5 new commercial enterprise, which would be created with your EB-5 capital. A full-time position is at least 35 hours a week. What matters is a position be full-time and permanent. Such a position can be filled by part-time employees, but you cannot combine part-time positions to count as a full-time position. Please consult an experienced EB-5 immigration attorney to review your case and business plan to advise you more specifically.

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    Phuong Le

    Immigration Attorney
    Answered on

    Depends on the nature of your business. You can't convert part-time jobs to full-time jobs for EB-5 purposes simply by combining two PT jobs together. However, if two people share a full-time position in a business (as is very common in the QSR or restaurant business), it may be possible. A longer consultation and analysis is advisable here as you gear up for the I-829 stage.

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    Charles Foster

    Immigration Attorney
    Answered on

    You can count two half-time jobs as one full-time job. You have to establish that the 20 people work enough time to constitute 10 full-time jobs.

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