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Understanding EB-5 Investor Visas: What Counts as “Job Creation”?

Oct 16, 2013 1:22:26 AM / by Staff Attorney

This is the third part of a three-part blog series on EB-5 investment visas. For information on immigrant visas, please read part two.

EB-5 investor visas allow certain entrepreneurs to come to the United States to create and build a business in the country. The visas require investors to meet a certain stringent set of requirements, which involve minimum investment amounts, location of the prospective business, and other considerations.

One key requirement of the EB-5 investor visa is the requirement that the new business venture being launched must create or retain a certain minimum number of jobs within the United States. Specifically, these requirements include:

● Creating or retaining at least 10 full-time jobs for qualifying U.S. workers within two years. In extenuating circumstances, the two-year deadline may be extended, but only for a limited period. The two-year period typically starts running when the investor enters the U.S. as a Conditional Permanent Resident.
● Creating or preserving either “direct” or “indirect” jobs. “Direct” jobs are actual, identifiable positions within the commercial enterprise or business in which the EB-5 investor has invested his or her capital. “Indirect” jobs are jobs created collaterally by the investment of the EB-5 investor’s collateral. Often, these jobs are created when capital is invested in a commercial enterprise affiliated with a regional center.

In addition, an investor may only be credited with retaining or preserving a job if the job was preserved in a “troubled business,” or one that has existed for at least two years and suffered a net loss in the past 12 to 24 months.

At the Immigration Law Office of Los Angeles, P.C., our experienced immigration attorneys can assist you in finding and applying for the immigration visa that best fits your personal and professional plans in the United States. Contact us today to learn more.

Come back for part five of five, detailing classifications of extraordinary abilities.

Topics: Investment, Visas

Staff Attorney

Written by Staff Attorney

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