The EB-5 program is one of the most popular and effective ways for foreign nationals to become U.S. residents.
One of the fundamental requirements of the EB-5 Visa is to create jobs for U.S. workers. This is an essential part of the program that investors need to understand.
In this guide, we explore the EB-5 job creation requirements and all of the key information that potential investors in the program need to know.
The EB-5 Immigrant Investor Program was introduced to stimulate economic activity. This is achieved through capital investments by foreign nationals and job creation.
As such, job creation is a vital component of the EB-5 program. It not only enables investors to fulfil program requirements but also contributes to the growth of the U.S. economy.
Aside from meeting the minimum investment amount, investors must also create 10 full-time positions for U.S. workers.
In basic terms, qualified employees are those who are authorised to work in the United States. This includes U.S. citizens and those with permanent resident status.
Additionally, the United States Citizenship and Immigration Services (USCIS) defines a ‘qualifying employee’ as:
The USCIS does not define the following as ‘qualifying employees’:
Now we know who does and does not count towards the job creation criteria. The next step is to examine how investors can meet the EB-5 job creation requirement.
There are two methods for meeting the EB-5 employment creation requirement. Below is a breakdown of each.
Direct jobs are those created by the EB-5 project itself. To meet the EB-5 job creation requirements, these positions must be:
While part-time positions do not count, job-sharing arrangements are permitted. This is where two or more qualifying employees share a full-time position.
While direct jobs are created by the EB-5 project itself, indirect jobs are not.
According to the USCIS, indirect jobs are those “held outside of the new commercial enterprise but are created as a result of the new commercial enterprise.”
In other words, jobs that are created in other businesses as a result of the EB-5 project.
For example, let’s say the EB-5 project developer is a large hotel chain, and they require a commercial laundry service to wash all of the bedding, towels, etc. While the workers at the laundry company are not employed by the hotel, those jobs are created as a result of the EB-5 project.
For indirect jobs to count towards the job creation criteria, investors must go through an EB-5 regional center.
Regional centers can count direct and indirect jobs. This is one of their standout benefits, as it makes the EB-5 job creation requirement much easier to fulfil.
Jobs must be created within a specific timeframe to meet the EB-5 program’s requirements.
One of the first steps in the EB-5 process is to submit Form I-526, an immigrant petition to be classified as an alien entrepreneur. Once accepted, investors become conditional permanent residents for two years.
90 days before the two-year conditional permanent residency period ends, Form I-829 can be submitted to remove these conditions. Generally, jobs must be created within these two years.
Form I-829 proves that the investor has met the EB-5 job creation requirement. At this point, actual employment creation must be proven if the petition is to be accepted by the USCIS.
The EB-5 Visa Program is one of the fastest routes for foreign investors to become U.S. Green Card holders.
Aside from meeting the minimum investment amount, the EB-5 job creation component is essential to the program. Investors must understand it to ensure a successful application process.
Download our EB-5 factsheet to learn more. Here, you will find key information on all areas of the program. Alternatively, speak to one of our specialists.
Holborn Pass is an international leader in investor visas. Our team provides expert advice and end-to-end service to support you throughout the EB-5 process.
We are part of the wider Holborn Assets Group, a leading, award-winning financial advisory company with over $2 billion in assets under management (AUM).
Book a consultation with one of our advisers to learn how we can help you secure your EB-5 visa.
The EB-5 visa program requires that an investor creates or preserves at least 10 full-time jobs for qualifying U.S. workers. This must be done within two years of becoming a conditional resident.
EB-5 regulations define a full-time job as one that requires a minimum of 35 working hours per week. These jobs must be filled by qualifying U.S. employees, which include citizens and lawful permanent residents.
Investors can demonstrate job creation by providing evidence such as:
How job creation is proven differs for those who invest through an EB-5 regional center.
The EB-5 program allows indirect job creation for regional center investments. Indirect jobs are those created collaterally as a result of the EB-5 investment. For example, supply chain jobs or those providing goods and services for the business.
Job creation is an essential part of the EB-5 Visa. If the investor fails to meet the EB-5 job creation requirements, their U.S. Green Card may be denied.