Would 1099 contractors devoted solely to the new commercial enterprise qualify for the 10 required jobs? Or are W-2 workers the only suitable option for EB-5?
Answers
Irina Lust
EB-5 Immigration attorneysYou must create full-time employment for at least ten positions for qualifying United States workers. Employment is defined in terms of the position, not the person, requiring full-time (35 hours/week) employment.
Charles Foster
EB-5 Immigration attorneysNo. Independent contractors do not count. The investment must create 10 full-time jobs for U.S. workers or, as you stated, W-2 workers.
BoBi Ahn
EB-5 Immigration attorneysOnly FULL-TIME jobs can be counted toward the 10 requisite job creation and 1099s would not qualify as they would not be considered employees.
Anthony Korda
EB-5 Immigration attorneysThis will depend on whether the project you invest through a regional center or if you are making a direct EB-5 investment. If the project is located within a designated regional center, indirect jobs will be counted. Accordingly, contractors and 1099''s are permissible. However, in a direct investment, only direct jobs (i.e. employees) are counted.
Jon Eric Garde
EB-5 Immigration attorneysYou need to create ten employees, meaning those receiving W-2s.
Julia Roussinova
EB-5 Immigration attorneysIn a direct EB-5 investment case, you need to hire employees who will fill at least 10 full-time direct positions (at least 35 hours a week). Employees may be combined to fill one full-time position but you cannot count two part-time positions as one full-time position.
Jinhee Wilde
EB-5 Immigration attorneysThe new business enterprise must create 10+ full-time, permanent jobs backed by W-2 and I-9 forms. 1099 independent contractors will not suffice.
Vaughan de Kirby
EB-5 Immigration attorneysThe new commercial enterprise must create ten full-time jobs; this would not include temporary contract workers.
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