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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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