Job creation is central to the EB-5 Immigrant Investor Program because it aligns with the US government’s goal of stimulating economic growth through foreign investment. The program requires each EB-5 investment to result in the creation of at least ten full-time jobs for US citizens or green card holders within a minimum two-year timeframe. Part-time jobs or temporary positions will not satisfy this requirement.

There are two types of investments, and the job creation requirements vary slightly between each:

Direct investments– In a direct investment, the investor places their capital directly in a new EB-5 business. The investment must directly result in the creation of ten full-time jobs within the business. These jobs must be directly employed by the business and can include a wide range of positions, from restaurant staff to hotel managers.
Regional center investments– When investing through an EB-5 regional center, the job creation requirement is more flexible. Regional centers, which are designated by USCIS, allow for both direct and indirect job creation. Indirect jobs are created as a result of the EB-5 business but are not directly employed by the business itself. This can include jobs in suppliers of construction materials or service providers such as accounting or advertising firms that benefit the business. Regional centers can also count induced jobs towards this requirement, which are created through increased demand for services and spending in the nearby community. Examples include retail workers and healthcare workers.

After two years of holding a conditional green card, EB-5 investors must file a Form I-829 petition to remove these conditions and obtain permanent residency. A key part of this process is proving that the investment has led to the creation of at least ten full-time jobs as initially projected. This requires meticulous documentation such as payroll records, tax records, and employment contracts. Regional center investors must also rely on economic impact studies to demonstrate indirect job creation. Failure to demonstrate sufficient job creation can result in the denial of the I-829 petition, jeopardizing the investor’s ability to secure permanent residency in the US.

If you have any questions regarding the EB-5 process, please email us at rpatel@patellegal.com and jtrevino@patellegal.com.