EB-5 Job Creation Requirement
Each EB-5 investor must create or preserve at least 10 qualifying full-time jobs (at least 35 hours per week).
These jobs must be created “within a reasonable time.” Typically, USCIS will interpret “within a reasonable time” to be until the petitioner files their I-829 petition or a short period after this filing.
Job creation requirements differ for direct/standalone and regional center investments.
Direct investments may only count direct jobs. Regional center investments may count as direct, indirect, or induced jobs.
Direct jobs are “headcount” operational jobs created directly by the job-creating enterprise. These jobs are typically positions within the company such as managers, employees, or contractors.
Indirect jobs are jobs created as a result of the EB-5 investment enterprise but are not directly filled by employees of the company. These jobs are typically created in the supply chain or as a result of increased economic activity in the area. These jobs can be related to materials, equipment, and services required by the job-creating enterprise.
Induced jobs are jobs created as a result of increased economic activity, as a result of the spending of employees. These may include the staff at restaurants where construction workers eat.
Reform and Integrity Act job-creation requirements
The EB-5 Reform and Integrity Act of 2022 places certain limits on eligible job creation.
Indirect jobs cannot count for more than 90 percent of the jobs, and only 75% of jobs can be from impacts from construction lasting less than 2 years may be eligible.
Direct jobs from construction lasting less than two years are eligible but only as a fraction of the two-year period that the jobs lasted.