The EB-5 visa program offers a pathway to U.S. residency for foreign investors, but it comes with specific hiring rules that must be met. These rules are crucial for ensuring compliance with the program’s requirements.
Job Creation Requirement
One of the core criteria for the EB-5 program is the creation of jobs. The business receiving the investment must create at least ten full-time positions. Unlike other visa categories, such as the E2 visa, which does not specify an exact number of jobs, the EB-5 program mandates the creation of exactly ten jobs. These positions must be full-time, meaning part-time employment does not count towards meeting this requirement. A full-time job, in this context, generally means at least 35 hours per week.
Eligible Employees
The jobs created must be for U.S. citizens or lawful permanent residents (green card holders). This stipulation excludes hiring individuals who are undocumented or those holding other types of visas. The employment must be verifiable and comply with all U.S. labor laws. Ensuring that the workforce comprises eligible individuals is crucial for maintaining the integrity of the EB-5 application process.
Compliance and Documentation
In addition to hiring the right personnel, investors must also provide adequate documentation proving that the jobs created are full-time and held by eligible individuals. This documentation can include payroll records, tax documentation, and employment verification forms.
Conclusion and Further Assistance
Understanding these hiring rules is essential for successfully navigating the EB-5 visa process. Adhering to these requirements not only ensures compliance with U.S. immigration law but also helps secure the desired immigration benefits.
For those pursuing an EB-5 visa, compliance with the job creation requirements is critical. Our experienced professionals can help you understand these rules and ensure that your application meets all necessary criteria. Contact us for a consultation and make use of our free resources.
