According to the United States Citizenship and Immigration Services (USCIS), more than half (55%) of EB-5 petitions were rejected in early 2023, highlighting the importance of EB-5 full-time jobs. For context, the average denial rate from 2016 to 2021 was only 13%.
The main goal of the EB-5 Visa Program is to create jobs for American workers. To enhance your chances of approval, understand the requirements for EB-5 full-time jobs.
In this article, we’ll discuss everything about EB-5 full-time jobs. You’ll learn how to stay on the right side of the rules and improve your odds of getting that approved.
EB-5 Full-Time Jobs for Visa Eligibility
- A full-time job requires at least 35 hours of work per week
- Positions must be permanent (not seasonal or temporary)
- The USCIS considers job-sharing arrangements (e.g., two or more employees share a full-time position)
Here are some practical examples of positions that various EB-5 investment projects can consider full-time:
- Manufacturing Facility:
- Production Line Workers
- Quality Control Inspectors
- Warehouse Managers
- Hotel or Resort:
- Front Desk Managers
- Housekeeping Supervisors
- Restaurant Chefs
- Tech Startup
- Software Developers
- IT Support Specialists
- HR Coordinators
Take note that these positions must meet a minimum of 35 hours per week. They should be permanent to qualify as full-time jobs for EB-5 purposes.
Focus on these criteria to ensure your investment creates the jobs that USCIS seeks. Remember, your investment aims to create lasting employment opportunities for U.S. workers.
What Are the Differences Between Full-Time and Part-Time Jobs?
The number of hours worked is the main difference .As mentioned, full-time positions require 35 hours or more per week. We consider anything less than that a part-time job. This is important because part-time jobs do NOT count towards the EB-5 program requirements.
When planning your investment, look beyond the total number of jobs created. Be aware of how many of those jobs are considered “full-time jobs” by the USCIS because these are the only jobs that matter to your EB-5 application.
Be careful when you’re counting jobs for your report. Mixing up part-time jobs with full-time ones can cause big problems. The government checks these reports thoroughly. And if they see mistakes, they might reject your application. This could cost you a lot of money and time. Getting help from professionals can keep you from making these mistakes.
How EB5 Type of Investment Project Affects Job Creation
There are three main types of jobs that the EB-5 program recognizes. If you’re planning to get a green card with this program, these are the types you should look for:
Direct Jobs
Direct jobs are the positions created within the company you’re investing in. They appear on your new business’s payroll. Some of them include factory workers, restaurant staff, etc.
To count as direct jobs, these positions must be full-time and permanent and filled by U.S. citizens. Direct jobs are easier to verify but more challenging to create in large numbers.
Indirect Jobs
These jobs are harder to track than direct jobs. Most of the time, you’ll need economic reports to estimate their numbers. Regional centers often help investors count indirect jobs to make reaching the required job creation numbers easier.
Induced Jobs
Induced jobs come from the overall economic boost your investment provides. They’re created when direct and indirect employees spend their wages in the local community. This could include new positions at local restaurants, shops, or service providers.
Like indirect jobs, induced jobs are estimated through economic models. They show the broader impact of your investment on the local economy. While harder to pinpoint, induced jobs can significantly increase your total job creation numbers.
How Economic Models Estimate Indirect and Induced Jobs
Economic models estimate how many indirect and induced jobs your investment creates. They look at how much your business spends locally and how employees might spend their wages.
These models also consider the type of business you’re in and its location. The result is an approximate number of how your investment ripples through the local economy.
Meeting the EB-5 Full-Time Jobs Requirement for Immigrant Investors
As an investor, you must create at least ten full-time jobs for U.S. workers. This is the minimum threshold for every EB-5 investor, regardless of the investment amount or project type.
Here’s what you should know about this requirement:
- The ten jobs can be a mix of direct, indirect, and induced jobs (depending on your type of investment project).
- For direct investments, all ten jobs typically need to be direct jobs.
- Regional center projects can count indirect and induced jobs (which makes it easier to reach the threshold)
Why More Than Ten EB-5 Full-Time Jobs Can Strengthen Your Application
Creating extra jobs gives you a safety net. Sometimes, things don’t go as planned. A business might grow slower than expected. The reviewers of your application might disqualify some jobs. If you only aim for ten jobs, losing even one could put your whole investment at risk.
The government checks jobs created carefully. They might disagree with how you counted some jobs. Having more than ten jobs means you’re still okay if they disagree on a few.
More jobs also show that your project is doing well, which can make the government more likely to approve your application.
Timeframe for Job Creation
You have two years to meet the job creation requirement. This period starts when you become a conditional permanent resident. You don’t need to have all ten jobs in place on day one. The jobs can be created gradually over two years. At the end of the two years, you’ll need to prove that the required jobs have been created or will be created within a reasonable time.
So, it’s essential to plan your project timeline carefully. Some businesses take time to get up and running. Ensure the company you’re investing in accounts for realistic timelines.
Pro Tip: Ask your regional center or immigration lawyer to prepare regular updates. These updates can help you spot any issues early and make necessary changes. This way, you’re more likely to meet the requirements by the end of the two years.
Strategies for Successful Job Creation
Creating jobs for your EB-5 investment requires careful planning. Here are some strategies to help you meet and exceed the job requirements:
Choose the Right Investment Project
Do your homework. Research the local job market and economic conditions. This will help you pick a project with solid job creation potential. Look for:
- Industries are known for creating many jobs
- Areas with a need for new employment opportunities
- Projects with a clear plan for growth and expansion
Importance of Proper Planning
Proper planning is a non-negotiable. It helps you anticipate challenges and meet job creation goals. You should only invest in businesses with realistic job projections and a clear timeline.
Note: Review and update your plan regularly as your project progresses.
Select Job-Creating Industries
Look at government reports on job growth. Industries like healthcare, technology, and renewable energy often create full-time jobs. Also, consider local needs. A tourist area might need more hospitality jobs. At the same time, a growing city could need construction workers. You can also pick an industry that matches your skills or interests. This way, you can have the option to help the business create more jobs.
Role of EB-5 Regional Centers in Facilitating Job Creation
If you’re new to EB-5, working with a reputable regional center can make the process smoother. That’s because regional centers often:
- Have access to EB-5-qualified projects.
- Help you count indirect and induced jobs.
- Provide economic reports to support your job creation claims.
The Role of Project Ownership in the EB-5 Process
This ownership plays a big part in your visa application. USCIS wants to see that you’re actively involved in the company you’re investing in. They’re looking for proof that you genuinely contribute to the U.S. economy.
The USCIS also requires the EB-5 investments to be “at risk.” Project ownership demonstrates that your funds are genuinely “at risk” to the business.
What “At-Risk” Means for Investors
When the government says your investment must be “at-risk,” they mean you can’t have a guaranteed return. You might lose some or all of your money if the business fails. There’s no promise you’ll get your investment back. This is different from putting money in a savings account where it’s safe.
You can’t have an agreement to sell your ownership later at a set price. The value of your investment needs to change based on how well the business does. Your investment can’t be just a loan to the business. You need to own a part of it. Have a share in its successes and failures.
Meet EB-5 Full-Time Jobs Requirements with Confidence – Partner with Austin EB5 Today!
The EB-5 Immigrant Investor Program is all about creating full-time jobs. Proper planning and choosing the suitable investment can significantly impact your ability to meet these requirements.
Austin EB5 can connect you with projects with strong full-time job creation potential. Our experts are ready to help you find the right investment opportunity.
Ready to start your EB-5 journey? Schedule a call with our team today!
EB-5 Full-Time Jobs FAQs
What types of jobs must be created to fulfill the EB-5 job creation requirement?
To fulfill the EB-5 requirements, at least 10 full-time positions for qualifying employees must be created. These can be new jobs directly created by the new commercial enterprise or indirect jobs created through induced job creation in the regional center model.
How is the number of jobs calculated for the EB-5 visa process?
Jobs are calculated based on the employment creation criteria outlined in the EB-5 program. Specifically, the new commercial enterprise must demonstrate that it will create at least ten full-time jobs within two years of the investor’s admission to the United States.
What is the purpose of Form I-526 concerning job creation?
Form I-526 is the petition foreign investors file to demonstrate their eligibility for the EB-5 visa. The investors committed to creating at least ten full-time jobs within a new commercial enterprise.
Can jobs be counted if they are created in a troubled business?
Yes, jobs may also be counted if they are created in a troubled business as long as the investment results in the preservation of jobs and the business can maintain or increase employment levels to meet the required amount for the EB-5 visa.
How does investing in a regional center impact job creation requirements?
Investing in a regional center can simplify job creation requirements because it may include both direct and indirect jobs. This allows for greater flexibility in meeting the EB-5 requirement.
