When Must Investors Show EB-5 Job Creation In Direct Projects?

[dropcap]When[/dropcap] must EB-5 investors show EB-5 job creation in direct projects? Is there a deadline? Other common EB-5 job creation questions include: How many jobs do investors have to be credited with creating? What types of jobs count? How do investors prove EB-5 job creation to USCIS? Which is more strict, direct project job creation or regional center project job creation?

KAPIN PLLC EB-5 immigration attorneysEB-5 investors will prove EB-5 job creation in a direct project during their conditional green card period. They must present proof that the required number of jobs were created or, in some cases, will be created prior to filing their I-829 petition to remove the conditions on their green cards.

Answers to the other common EB-5 job creation questions:

  • A minimum of 10 full-time jobs for qualified U.S. workers must be created and credited to each EB-5 investor.
  • Direct projects require direct jobs to be created. A direct job is when an employee is hired by the new commercial enterprise. An example of creating a direct job is hiring a receptionist at a hotel project.
  • EB-5 investors can prove job creation in direct projects by submitting employee W-2 forms.
  • Direct project job creation is more limited than regional center job creation, but it’s not tougher to prove. Direct projects only allow direct job creation, whereas, a regional center project may create direct, indirect and induced jobs. If Regional center projects were not able to count indirect and induced job creation they most likely would not be able to raise as much capital for their bigger projects. Regional center projects can and have raised hundreds of millions of dollars for mega-real estate projects like Hudson Yards in New York City.

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