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Job creation requirements under the EB-5 Immigrant Investor Program

As part of the broader requirements for investment that each EB-5 investor must make in a for-profit business in the United States, each investor must also create or preserve a minimum of 10 full-time jobs.  These jobs must be in the United States and filled by qualified U.S. workers.  To be considered a qualified U.S. worker, each full-time employee must be one of the following:

  • A citizen of the United States
  • An Lawful Permanent Resident (LPR)
  • An asylum-seeker or refugee

However, it should be noted that any jobs that are filled by nonimmigrant workers or by members of the investor’s family cannot count towards the 10 jobs that are required to meet EB-5 requirements for job creation. This requirement can be satisfied by investing and creating or preserving jobs in one of the following business types:

  • New commercial enterprises
  • Existing commercial enterprises that can expand (within specified parameters)
  • Troubled commercial enterprises
  • Regional Centers

If you are considering the EB-5 Immigrant Investor Program for yourself, you should reach out to an attorney who understands what will be expected of you throughout every stage of the process. To speak with an immigration attorney from AmLaw Group about the specifics of your situation, please call our offices at (305) 509-6400 today.


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