The creation of jobs is at the core of the EB-5 Green Card program. For an EB-5 investment to be successful, it must lead to the creation of at least 10 full-time jobs for U.S. workers. Here are the essential requirements for these jobs to count towards the EB-5 criteria.
Key Requirements for EB-5 Job Creation
- Full-Time Positions:
- The jobs created must be full-time, meaning each position requires at least 35 hours of work per week. Part-time positions do not qualify.
- W-2 Employees:
- The positions must be filled by W-2 employees, not independent contractors. This ensures that the workers are legally employed and receive the standard benefits and protections of employment.
- Qualifying Workers:
- The employees must be U.S. citizens, lawful permanent residents, or individuals with asylee or refugee status. Workers on non-immigrant visas, such as H-1B or TN visas, do not qualify for this requirement.
- Exclusion of Family Members:
- The investor, their spouse, and children cannot be counted towards the job creation requirement. The business must hire outside of the EB-5 applicant and their immediate family.
Importance of Compliance
Meeting these job creation requirements is crucial for the approval of an EB-5 Green Card application. Failing to adhere to these guidelines can jeopardize the investment and the immigration benefits associated with it. Registration for E verify is a great idea for compliance. You should keep in mind that when you do the I-829 to remove the conditions, USCIS will verify that the people you hired actually qualify.
For comprehensive guidance on meeting the EB-5 job creation requirements and ensuring a successful application, explore our free resources and schedule a consultation with our expert immigration attorneys today.
