The EB5 Green Card and Job Creation: Meeting the Requirements

The EB5 program was created to help foreign investors obtain green cards by investing in the United States economy. An investor can receive an EB5 green card by investing $1,050,000 in an approved project or $800,000 in a project within a tarted employment area (TEA). One of the primary requirements of an EB5 project is that it must create or preserve 10 full-time jobs. This job-creation requirement helps make sure the EB5 program creates jobs and stimulates the U.S. economy.

Investment Options for Meeting the Job Creation Requirement

Investors can take two different routes to meet the job-creation requirement. One option is investing directly into a commercial enterprise that is projected to create or preserve 10 or more full-time jobs. The other option is to invest in a project through a USCIS-approved regional center. Regional centers are organizations that pool EB5 investments to use on EB5 projects. Here is more information about both investment options and how they can create jobs and help you get your EB5 green card:

Direct Investments

If you decide to invest in a commercial enterprise directly, you must provide evidence that your investment can create or preserve 10 jobs. You can do this by providing a business plan demonstrating the need for at least 10 full-time employees. These jobs don’t need to be created immediately, but they generally need to be created before filing your I-829 application.

You or your immigration attorney will likely file this application three months before your two-year conditional green card expires. For direct investments, each employee that counts towards the job requirement must be a direct employee of the commercial enterprise. Indirect or induced jobs will not count toward the job-creation requirement of direct investments. Each job must be full-time, not part-time, or USCIS will not count it toward the requirement.

Regional Center Investments

If you decide to invest in a regional center, the regional center will be responsible for meeting the job-creation requirement. They will also provide documentation that the jobs were created when applying for permanent residency. Because regional centers can pool investments from multiple investors, they can invest in larger projects that have the potential to create a higher number of jobs.

Another benefit of investing with a regional center is that direct, indirect, and induced jobs count towards the job requirement. Indirect jobs can include employees who hold positions at companies that work closely with the EB5 project enterprise. These companies can include various service providers and contractors. This can make it easier for investors to meet the job-creation requirement.

Strategies for Meeting the Job Requirement

When you are looking for an EB5 project to invest in, there are some things you can do to help you meet the job-creation requirement. Here are two strategies for meeting the EB5 job requirement:

Conduct Due Diligence

You should conduct thorough due diligence on the project you are considering investing in. While this is true for all investments, conducting due diligence on EB5 investment projects can increase your chances of choosing a project that successfully creates 10 full-time jobs and helps you obtain your green card. Analyzing the project’s business plan, market analysis, financial projections, and potential risks can help you decide whether a project is worth your investment.

Invest in a Targeted Employment Area

TEAs are rural areas or areas with higher unemployment rates. Because of the number of people looking for work in these areas, investing in a TEA may make it easier to meet the job creation requirement. TEA projects are also a more affordable EB5 project option. The minimum investment amount for a TEA is $800,000. That is $250,000 less than the minimum investment amount for other EB5 projects. 

Get an EB5 Green Card Through the EB5 Program

The EB5 program allows you to obtain an EB5 green card by investing in the U.S. economy. A regional center or immigration lawyer can help you understand the program requirements and implement effective job creation strategies. If you meet the EB5 requirements, you and your family can eventually receive permanent residency in the U.S. Contact a regional center or immigration attorney today to learn more about the EB5 program.

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