What type of employees count in a direct EB-5 investment? - EB5Investors.com

What type of employees count in a direct EB-5 investment?

If you do a direct investment with EB-5 funds, do the added jobs have to work 40 hours a week? Or can the jobs be from current employees of different companies that would do work for your investment?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Full-time jobs for U.S. citizens or permanent residents will count. Generally, 35-hour per week jobs count. The positions are actually what USCIS looks at, so you do not need to have the same person hold the position.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Jobs have to be newly created positions of at least 35 hours a week for direct investment. An exception to maintain preexisting employees is for troubled businesses that meet certain requirements.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Generally, each job created in a direct investment has to be direct and full-time, defined as a minimum of 35 working hours per week, as a result of the investment.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

The employees for direct EB-5 investment must be new employees as a result of the EB-5 investment and be U.S. workers working a full 40-hour week. Normally, they would have to work directly for the job creating entity in which the investment was made.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

For a direct project, the jobs have to be newly created and must be at least 35 hours a week. The exception is for troubled businesses that have shown losses.

Melanie Yang

Melanie Yang

Immigration Attorneys
Answered on

U.S. citizens, permanent residents, asylees and refugees. It does not include U.S. working visa holders such as H-1B, L-1 and EAD card holders.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Full-time positions are defined as 35 hours or more per week. Only newly created positions can count and only positions with the new commercial enterprise can count.

Irina A. Rostova

Irina A. Rostova

Immigration Attorneys
Answered on

Direct employees have to be employed directly (on W2s) by the New Commercial Enterprise. Work performed by employees of other companies is considered "indirect." Full-time employment usually means 35+ hours and benefits normally allotted to full-time workers.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Only full-time employment (>35hours/week) counts toward the 10 requisite jobs created. The jobs must be newly created as a direct result of the investment made in the commercial enterprise.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.