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?
You 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.
No. Independent contractors do not count. The investment must create 10 full-time jobs for U.S. workers or, as you stated, W-2 workers.
Only FULL-TIME jobs can be counted toward the 10 requisite job creation and 1099s would not qualify as they would not be considered employees.
This 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.
You need to create ten employees, meaning those receiving W-2s.
In 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.
The new business enterprise must create 10+ full-time, permanent jobs backed by W-2 and I-9 forms. 1099 independent contractors will not suffice.
The new commercial enterprise must create ten full-time jobs; this would not include temporary contract workers.
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