- What are the protections and guarantees in the Berkeley Regional Center EB-5 projects?
- Can I travel outside the U.S. after I receive my permanent residency?
- How many family members can immigrate through EB-5 investment?
- Is approval of my application for U.S. Citizenship after 5 years guaranteed?
- Is EB-5 a passive investment?
- How Long Should an EB-5 Investor Remain in the United States Each Year?
- If an investor has EB-5 visa and conditional green card, does he/she need to stay in the US for a minimum number of days in the first 2 years in order to gain a permanent green card? How about his/her dependents?
- What is a reentry permit?
- Can Adopted Children immigrate with me on EB-5?
- Accredited Investor
- For EB-5, What is Considered a Commercial Enterprise?
- Are there any nationality restrictions for EB-5 applicants?
- USCIS requires EB-5 investments to be “At-Risk”, so how do your projects have guarantees?
- What are the Investment Requirements for EB-5?
- Can an Investor Apply if They Have Been Rejected or Terminated in the Past by USCIS for a Previous Visa?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the I-526 Petition?
- There is a background check required for EB-5 investment, what information is USCIS concerned with?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- What is an EB-5 I-526 Petition?
- What is an I-829 Petition?
- What is a I-485 Petition
- What are the various forms and petitions for EB-5 investments?
- Targeted Employment Area
Source of Funds
- Can a Loan Be Used to Supplement My EB-5 Capital Investment?
- Can I use a Bank Loan?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift as My Source of Funds?
- Who can gift me funds for my $500,000 investment?
- Can I Use 401(k) funds for EB-5 Investment?
- What is the Source of Funds report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
- Partial Payments
- Job Creation
- Regional Center
- EB-2 / EB-3
What Are the Job Creation Requirements for EB-5?
Job Creation Requirements of EB-5
An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.
A qualifying employee is a U.S. citizen, lawful permanent resident or other immigrant authorized to work in the United States including, but not limited to, a conditional resident, a temporary resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any non-immigrant status (such as an H1-B non-immigrant) or who is not authorized to work in the United States.
Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the regional center program, “full-time employment” also means employment of a qualifying employee in a position that has been created indirectly that requires a minimum of 35 working hours per week.
A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions even if, when combined, the positions meet the hourly requirement per week.
A troubled business is a business that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss.
In the case of a troubled business, the EB-5 investor may rely on job maintenance.
The investor must show that the number of existing employees is being, or will be, maintained at no less than the pre-investment level for a period of at least 2 years.
To read more about EB-5 job creation requirements click here
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