If a management company is hired to run an EB-5 project and jobs are created through this company, would the Job Creating Entity (JCE) still get job creation credit? Or would it be necessary for the JCE to create its own separate employment entity?
Answers
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyGenerally, the focus is on the JCE to create jobs with EB-5 investment. Your situation is complex for online questions. Please consult an EB-5 immigration attorney.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyGenerally, the regional center reports all the jobs directly and indirectly created as a result of an investment. Thus, it does not matter who is in charge of the project as long as the investment in question created the jobs.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyThe answer to this question is at best complex and you should consult with very experienced immigration counsel who have represented a number of EB-5 regional centers/Job Creating Entities/projects. Under certain limited circumstances it may be possible, but again consult with experienced counsel because so much of the answer is in the details.
John J Downey
Find an EB-5 Visa Lawyer: Immigration AttorneyThis situation looks like the management company would be an independent contractor and this would not be considered as the JCE creating the employment.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf a management company is hired to run an EB-5 project, this would not automatically disqualify EB-5 investors from receiving immigration benefits, but it would be important to clarify upfront the role of the management company as it is critical to show the money invested directly creates the jobs.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyUSCIS counts the jobs created as a result of the investment and the business activities that the investment is funding. The business activities lead to the job creation. Generally, this is focusing on the Job Creating Entity (JCE).
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