To meet EB-5 job-creation requirements, construction jobs are considered "direct" jobs in economic modeling. However, with the implementation of the EB-5 Reform and Integrity Act of 2022 (RIA), the rules have changed.
Under the new guidelines, direct construction jobs lasting less than two years can now be eligible for EB-5 job creation, but only as a fraction of a two-year period. For instance, if 100 construction jobs are created for 18 months, only 75 of those jobs may be counted.
Moreover, the eligibility of construction jobs lasting less than two years affects the count of indirect and induced jobs. The limit of indirect and induced jobs that may be counted now stands at 75%, down from the previous limit of 90%.
Previously, construction jobs lasting less than two years were ineligible for job creation numbers. This change brought about by RIA is viewed as favorable for developers who can now count some jobs from shorter-term development projects.
