When does the EB-5 job requirement time start being counted? - EB5Investors.com

When does the EB-5 job requirement time start being counted?

When do they start counting the time of the 10 employees? I believe there is a legal loophole in this; some say that it starts counting from the moment I apply for EB-5, that is, if I have been waiting for 4 years, I have already met that requirement. Others say that the 10 employees start counting when you receive provisional residence. From there, they count the 24 months of the 10 employees. USCIS has been asked for clarification on this and they never responded. Is this, in your opinion, a legal loophole? Is there a solid explanation for it?

Answers

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you had invested through a Regional Center, you should inquire whether the direct and indirect job creation requirement has been met. For direct EB-5 investment, you would generally follow the EB-5 business plan submitted with the petition that should show a likelihood of job creation within the 2 year time period. At the time you are eligible to file for removal of conditions, you would either demonstrate job creation requirement has been met or provide evidence it will be met within a reasonable time period. Because 2 years is the expected baseline period in which job creation will take place, jobs that will be created within a year of the 2-year anniversary of your admission as a conditional permanent resident or adjustment to conditional permanent resident may generally be considered to be created within a reasonable period of time.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Under the recent major rule change this is specifically delineated but previously this was assessed at the I-829 submittal to see if the funds have been invested and the necessary 10 jobs have been created.

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