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Questions and Answers > EB-5 Requirements

What is meant by 'permanent' job?

What is meant by ''permanent'' job? How long is the business expected to guarantee that the 10 required jobs will continue to exist? Also, which size is the most commonly approved project size: big, medium, or small (up to $10 million)?

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Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Full-time jobs mean employment of a qualifying person in a position that requires a minimum of 35 working hours per week. Between the time an applicant obtains approval of his or her I-526, conditional green card, and until the applicant obtains their permanent green card, 10 full-time jobs must not only be created, but must continue to exist. Otherwise, the chance of obtaining the permanent green card may be in jeopardy if the required 10 jobs are not created.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Under EB-5 regulations, the investor must show that the required jobs are created by the time the I-829 petition is filed, or that they will be created within a reasonable time thereafter. The value of the EB-5 investment project does not impact the likelihood of approval by USCIS. If the EB-5 regulatory requirements are met, then USCIS will approve the project.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 regulations and policies require that each investor commitment of personal funds will lead to the creation of 10 full time employees. The employment is created and maintained during the conditional permanent residency period and until the conditions are removed. The ideal EB-5 project size will depend on a number of factors. Therefore, the project may require either a $500,000 raise or a $100 million raise as examples of the variation.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For EB-5 immigrant investor processing purposes, there is a job creation requirement (for 10 U.S. workers). The jobs need to full time positions, and at the time of filing to remove your conditional permanent residence (after two years from initial approval) you need to show the jobs were created and remained in place until your I-829 is approved. Various sizes of EB-5 projects are approved and denied. As long as proper documents and information are provided, at the end of the day, size should not matter.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Permanent means a job that is not temporary or seasonal. It also needs to be a full-time position. The job needs to last at least until the I-829 gets approved. This will determine whether the green card will become permanent.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A permanent job is one that does not have a specific end date. At will employment meets the requirement. As for the project size, there is no most commonly approved project size.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Permanent jobs are one of the EB-5 terms of art that requires careful review and the cooperation of an EB-5 economist. EB-5 project sizes vary, and there really is not one size that is more commonly approved than another.