Compliance: There is more to “job creation” than meets the eye with EB-5 visas

Part 3 of the series ‘Successfully petitioning for an EB-5 visa’ dissects the USCIS’s job creation law

At the heart of EB-5 Program is the creation of jobs. No matter how much money a foreign investor invests in the United States, he or she will not get an EB-5 visa if the investment does not result in the requisite number of new jobs. The statute requires the creation of “full-time employment for not fewer than ten United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant’s spouse, sons, or daughters).” This law is very straightforward, but the evolving rules and regulations of the U.S. Citizenship and Immigration Services (USCIS) have turned the simple goal of creating new jobs into a rather complex issue.

In order to be considered eligible for an EB-5 visa, a petitioner must first file a Form I-526 petition that includes sufficient documentation to prove that the requisite ten full-time jobs will be created. A full-time job is a job that requires a minimum of 35 work-hours per week. The documentation that must be submitted along with the Form I-526 petition includes photocopies of relevant tax records, Form I-9, or other similar documents for ten qualifying employees.

Contributing Author

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Jeffrey C.P. Wang

Jeffrey C.P. Wang is the managing partner and founder of WHGC, P.L.C. Mr. Wang's practice focuses on handling the legal concerns of international and domestic...

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Contributing Author

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John Frederick Karch

John Frederick (Rick) Karch is a partner at WHGC, P.L.C. and a member of the International Corporate Transaction Group. His practice focuses on financial and...

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