Each EB-5 investor must create or preserve at least 10 qualifying full-time jobs (at least 35 hours per week) and 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.
Unlike direct investments, which may only rely on the number of direct jobs created, regional center investments can be evaluated based on the creation of direct, indirect, and 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 - 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 - 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.
Key Restrictions on Job Creation under the EB-5 Reform and Integrity Act of 2022
Under the RIA, there are specific restrictions on the types of jobs that are eligible for consideration. In particular, indirect jobs are limited to no more than 90 percent of the total job count, while jobs resulting from construction activities lasting less than two years can only account for up to 75 percent of the total job count.
Regarding direct jobs resulting from construction lasting less than two years, they are eligible for consideration but only as a proportion of the two-year period in which they were created.
