The EB-5 investment must create at least 10 full-time jobs for:
Non-immigrant workers (temporary worker visa holders), independent contractors and the investor, his/her spouse and children cannot be included in the count. The 10 full-time jobs must be created before the end of the two-year period of conditional residence.
In the United States a full time job is one in which an employee works at least thirty-five hours per week. Job sharing is permitted as long as the total weekly-hours requirement is met. However, part-time employment is specifically excluded and cannot be used to create a “combined” full-time position.
Investors participating on the EB-5 Regional Center Pilot Programs need to reasonably demonstrate that his/her investment in the Regional Center has indirectly created 10 or more jobs and has resulted in improved regional productivity.
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