I am an EB-5 construction project developer in the process of calculating cost and job creation predictions. I have read that construction jobs extending beyond two years can somehow be counted towards the job creation requirement. What is meant by “construction jobs lasting over two years?” Why is the requirement different for construction jobs versus other types of jobs created under EB-5?
For the jobs to be counted towards the job creation, the construction jobs must last at least 24 months. Any jobs that do not last 24 months cannot be counted. The reason for the difference is that the agency has determined that construction jobs are seasonal, and as such they need to last at least 24 months before being allowed to be used in the calculations.
Generally, you may count various construction positions that last for 2 years in a direct investment. Regional center project investments allow for indirect job creation.
Often in construction you have different people there for different purposes: electrician, painter, demolition, mason, whatever. You can count any of these people if their jobs are continuous for at least two years
In a direct EB-5 project you can count direct construction jobs lasting more than two years, while in a regional center EB-5 project, indirect construction jobs can satisfy the job requirements even when the construction is less than two years.
