Potential or intending immigrant-investors who have researched the EB-5 visa process likely know that aside from making a sufficient and qualifying investment into a U.S.-based new commercial venture, the investment must also create or preserve at least 10 full-time jobs for U.S. citizens. If these jobs have already been created when the immigrant-investor files his or her I-526 petition, they must be evidenced in the filing. If the jobs are not already in existence, the immigrant-investor must present a business plan that explains how these job creation targets will be satisfied. Then, when the immigrant-investor files his or her I-829 petitions to remove the conditions on his or her green card he or she must be able to prove that the required jobs were actually created and that they are still in existence. Thus, if an immigrant-investor wishes to reap the immigration benefits of an EB-5 investment then he or she must be prepared to show that the jobs in the I-526 petition were actually created. Individuals who cannot prove that they created or preserved the requisite number of jobs will be unable to remove the conditions placed upon their green card and may be forced tore-engage in the program by making a new investment if they wish to receive the citizenship benefits. Therefore it is essential for intending investors to engage with an experienced and meticulous immigration attorney who has handled EB-5 applications regularly.
How Does the Type of EB-5 Project Affect the Types of Jobs that can be Counted?
EB-5 investments must, generally, create or preserve at least 10 full-time jobs for qualified employees. A full-time job is a position that is non-seasonal and provides at least 35 hours of work each week to the employee. In some circumstances a job sharing arrangement can also be devised. These workers may divide the hours for a single full-time position among themselves. However, a part-time position may not be used to satisfy this job creation requirement. Furthermore a qualified employee is any citizen or legal permanent resident who has work authorization in the United States. The immigrant investor, the immigrant investor’s family, foreign nationals in the United States on a non-immigrant visa, and individuals who otherwise do not have U.S. work authorization are not eligible to be counted towards job creation requirements. As for the requirement that jobs be “created or preserved”, in reality, most projects are required to create jobs. This is due to the fact that only investments into a “troubled business” can permit an investor to also count preserved jobs. Troubled businesses include commercial enterprises that have existed for a minimum of two years and realized a net loss prior to the I-526 application of at least 20 percent of the company value.
Is the EB-5 Project Part of a Regional Center?
Whether the EB-5 project is part of a regional center also has important implications for the counting of job creation numbers. For Eb-5 investments that are not part of a regional center in South Florida or throughout the nation, only direct jobs are counted. Direct jobs are those jobs created within the investment project. The direct job must actually exist and be identifiable as part of the project that the investor invested in to. As discussed above, the position must be full-time and job sharing is permitted. However, part time positions may not be combined to create a full-time position. For investments that are made into a project associated with an United States Citizenship & Immigration Services approved regional center, then both direct jobs and indirect jobs can be counted. Indirect jobs are those jobs realized in businesses associated with the regional center. Most commonly, indirect positions include those full-time jobs created to provide the regional center project with the supplies and services it requires.
Seeking Experienced Miami EB-5 Visa Lawyers?
Prior to making an investment into an EB-5 regional center project, an intending immigrant-investor must perform significant amounts of research and due diligence. Engaging in this process with an experienced and meticulous Miami investor visa attorney can increase the likelihood that your petition will be successful and that you will be able to remove the conditions placed upon your green card when the time comes. To schedule a private, confidential legal consultation with an experienced Colombo & Hurd immigration lawyer call 800-659-7142 or contact us online today.