I am planning to open a company which can create only three full-time jobs, but its fully owned subsidiary can create seven jobs. The subsidiary company operates as a staffing company for other companies. If other companies need to hire trained employees, we can send one of our employees from the staffing company. How can I apply for EB-5 with the main company? Will those seven jobs from the staffing company count as direct or indirect jobs? How can I make this arrangement work?
While the combined businesses may produce 10 jobs, USCIS is not likely to accept the proposal(s) for EB-5. This idea needs to be tweaked a little more. Consider, very seriously, the possibility of creating one company that can create the required 10 new jobs rather than two companies in which neither is capable of producing the minimal required 10 jobs. Consult an EB-5 attorney to see how you can re-arrange your plan.
There are ways to potentially make this work, but it will take some creativity and flexibility. In general, a direct EB-5 must show that the 10 new jobs are created by the new commercial enterprise, or by a wholly-owned subsidiary of the new commercial enterprise. For regional center projects, there is more flexibility, because you can include indirect job creation.
I do not believe this arrangement will be able to work.
The EB-5 Regional Center project infrastructure will allow indirect jobs to be calculated by accepted economic methodologies.
Since you are not a regional center, indirect jobs are not to be considered. You need to re-work your business plan. I will be happy to directly consult with you.
If the second company is wholly owned by the first, you may be able to count all jobs as direct jobs, but we would need to learn a lot more about your business (as any good EB-5 attorney would!).
