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Job Creation Requirement
USINFO | 2014-01-03 14:00
The Green Card through Investment program is also referred as the “employment creation” visa category because one of the main goals of this visa is to help and promote the creation of new jobs in the U.S.
Job Creation Requirements
One of the main requirements to apply for a green card through the EB-5 Investment program is that as a result of the immigrant investment, at least 10 full-time jobs will be created (or preserved) for qualified U.S. workers within a two years period of time (or under certain circumstances, within a reasonable time after the two-year period). The time starts to count upon the immigrant investor’s admission to the United States as a Conditional Legal Resident. The 10 full time jobs may not include the main immigrant applying for the green card, the immigrant’s spouse, or the immigrant’s children. Initially the Green Card holder will receive a green card with “conditions” and after two years the green card holder must apply to remove the conditions on his green card and one of the requirements that must be fulfilled is that effectively the 10 full time jobs were created.
The following are the main requirements and definitions to comply with the job creation requirement:
Qualified Employee Requirement
A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. However the qualified employee does not include the immigrant investor; his or her spouse, sons, or daughters; any foreign national in any temporary or nonimmigrant status (such as an H-1B visa holder), or other employees who are not authorized to work in the United States.
Evidence of Job Creation Requirement
As part of the requirements to apply for the Green Card through investment you must show evidence providing that the new commercial enterprise will create at least the 10 full-time positions. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise 10 employments will be created. Include approximate dates, within the next two years, and when each employee will be hired. Regional Center affiliated cases must also show that the capital invested was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.
Job Preservation for Troubled Business (instead of Job Creation)
Instead of Creating Jobs, in certain special cases the investors may be credited with preserving 10 full time jobs, but only in the case of troubled business. A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the one year or two years period prior to the priority date on the immigrant investor’s Form I-526 Petition by Alien Entrepreneur. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded. In this case to comply with the job creation requirement show evidence providing that the business will preserve at least 10 new jobs. The evidence must show that the number of existing jobs is being or will be maintained at no less than the pre-investment level for a period of at least two years. Photocopies of tax records, Forms I-9 (Employment Eligibility Verification). Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.
Direct Jobs Requirement
Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
Indirect Jobs Requirement for Investors in the EB-5 Regional Center Pilot Program
Investors in the EB-5 Regional Center Pilot Program may fulfill the job creation requirement by creating 10 indirect jobs. Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested by an EB-5 investor in a commercial enterprise affiliated with a Regional Center. A foreign investor may only use the indirect job calculation to fulfill the creation of 10 jobs if the investment is affiliated with a USCIS approved Regional Center. Investors not affiliated with a Regional Center instead must comply with the requirement to create 10 direct jobs.
The requirement to create at least 10 new full-time jobs indirectly by the commercial enterprise, may be satisfied by showing that, as a result of the investment and the activities of the new enterprise, at least 10 jobs will be created indirectly through an employment creation multiplier effect. Reasonable methodologies may be used, such as multiplier tables, feasibility studies, analysis of foreign and domestic markets for the goods or services to be exported，and other economically or statistically valid forecasting methods supporting that the commercial enterprise will result in increased employment. In order to be credited with the creation of indirect jobs, regional center-affiliated investors must show that the capital was invested following the regional center’s business plan.
Full-Time Employee Requirement
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 Immigrant Investor Pilot Program for Regional Centers the term “full-time employment” also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program Regional Centers.
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 or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workman’s compensation and unemployment premiums by the employer.
Job Creation Requirements
One of the main requirements to apply for a green card through the EB-5 Investment program is that as a result of the immigrant investment, at least 10 full-time jobs will be created (or preserved) for qualified U.S. workers within a two years period of time (or under certain circumstances, within a reasonable time after the two-year period). The time starts to count upon the immigrant investor’s admission to the United States as a Conditional Legal Resident. The 10 full time jobs may not include the main immigrant applying for the green card, the immigrant’s spouse, or the immigrant’s children. Initially the Green Card holder will receive a green card with “conditions” and after two years the green card holder must apply to remove the conditions on his green card and one of the requirements that must be fulfilled is that effectively the 10 full time jobs were created.
The following are the main requirements and definitions to comply with the job creation requirement:
Qualified Employee Requirement
A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. However the qualified employee does not include the immigrant investor; his or her spouse, sons, or daughters; any foreign national in any temporary or nonimmigrant status (such as an H-1B visa holder), or other employees who are not authorized to work in the United States.
Evidence of Job Creation Requirement
As part of the requirements to apply for the Green Card through investment you must show evidence providing that the new commercial enterprise will create at least the 10 full-time positions. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise 10 employments will be created. Include approximate dates, within the next two years, and when each employee will be hired. Regional Center affiliated cases must also show that the capital invested was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.
Job Preservation for Troubled Business (instead of Job Creation)
Instead of Creating Jobs, in certain special cases the investors may be credited with preserving 10 full time jobs, but only in the case of troubled business. A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the one year or two years period prior to the priority date on the immigrant investor’s Form I-526 Petition by Alien Entrepreneur. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded. In this case to comply with the job creation requirement show evidence providing that the business will preserve at least 10 new jobs. The evidence must show that the number of existing jobs is being or will be maintained at no less than the pre-investment level for a period of at least two years. Photocopies of tax records, Forms I-9 (Employment Eligibility Verification). Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.
Direct Jobs Requirement
Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
Indirect Jobs Requirement for Investors in the EB-5 Regional Center Pilot Program
Investors in the EB-5 Regional Center Pilot Program may fulfill the job creation requirement by creating 10 indirect jobs. Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested by an EB-5 investor in a commercial enterprise affiliated with a Regional Center. A foreign investor may only use the indirect job calculation to fulfill the creation of 10 jobs if the investment is affiliated with a USCIS approved Regional Center. Investors not affiliated with a Regional Center instead must comply with the requirement to create 10 direct jobs.
The requirement to create at least 10 new full-time jobs indirectly by the commercial enterprise, may be satisfied by showing that, as a result of the investment and the activities of the new enterprise, at least 10 jobs will be created indirectly through an employment creation multiplier effect. Reasonable methodologies may be used, such as multiplier tables, feasibility studies, analysis of foreign and domestic markets for the goods or services to be exported，and other economically or statistically valid forecasting methods supporting that the commercial enterprise will result in increased employment. In order to be credited with the creation of indirect jobs, regional center-affiliated investors must show that the capital was invested following the regional center’s business plan.
Full-Time Employee Requirement
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 Immigrant Investor Pilot Program for Regional Centers the term “full-time employment” also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program Regional Centers.
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 or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workman’s compensation and unemployment premiums by the employer.
