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How is job creation for U.S. workers measured?

Green Cards > Employment Green Card > How is job creation for U.S. workers measured?
 

  • An applicant must make full time jobs for at least 10 U.S. citizens, LPRs (Legal Permanent Residents), asylees, beneficiaries of cancellation of removal, and/or temporary residents.  Individuals on a non-immigrant visa or family members of the investor do not count.  Independent contractors are also not considered employees for the purposes of determining EB-5 eligibility.

 

  • The jobs created must be full-time work (at least 35 hours per week).  The relevant inquiry is the job itself, not whether or not the individual filling the position changes.

 

  • If the investment only sustains current employees but does not create new full-time positions, it does not meet this requirement, unless the investment is made in a so-called “troubled business.”  A troubled business is one which has had net loss for one or two years of more than 20% of its net worth.

 

  • If an applicant invests with a participating regional center, he/she may count indirect job creation (see discussion below, under “Investor Pilot Program”).
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