The Job Creation Requirement is a crucial aspect of the EB-5 Immigrant Investor Visa program, which requires foreign investors to create or preserve a certain number of jobs for qualifying U.S. workers. Here’s more information about the Job Creation Requirement:
- Job Creation Target: To be eligible for the EB-5 Investor Visa, the investor must create or preserve at least 10 full-time jobs for qualifying U.S. workers. These jobs must be created within two years of the investor’s admission to the U.S. as a conditional permanent resident.
- Direct Job Creation: Investors can satisfy the Job Creation Requirement through direct job creation, which involves hiring employees directly for the new commercial enterprise in which they have invested. These employees must be hired as full-time employees, meaning they work for at least 35 hours per week.
- Indirect Job Creation: Alternatively, investors can also fulfill the Job Creation Requirement through indirect job creation. This method involves demonstrating that the investor’s capital investment has resulted in the creation of jobs within the regional center’s geographic area. The regional center must be designated by the U.S. Citizenship and Immigration Services (USCIS) and authorized to count indirect job creation.
- Job Preservation: In some cases, investors may be able to fulfill the Job Creation Requirement by preserving existing jobs. This applies to troubled businesses, where the number of existing jobs is at risk of being lost. The investor must demonstrate that they have preserved these jobs for qualifying U.S. workers.
- Qualifying U.S. Workers: The Job Creation Requirement specifies that the jobs created or preserved must be for qualifying U.S. workers. Qualifying workers are U.S. citizens, permanent residents, asylees, refugees, and certain other immigrant categories.
- Full-Time Employment: The created or preserved jobs must be full-time positions. Part-time positions or jobs filled by independent contractors do not count towards fulfilling the Job Creation Requirement.
It’s important to note that investors must submit evidence and documentation to prove compliance with the Job Creation Requirement when filing their I-829 petition to remove the conditions on their green card. Working with experienced immigration attorneys and economists is vital to ensure that the job creation figures are properly calculated and documented to meet the USCIS requirements.
Complying with the Job Creation Requirement is a critical aspect of the EB-5 Investor Visa process, and investors should carefully consider their investment projects’ potential to create the required number of jobs before proceeding with the EB-5 program.
