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The EB-5 Immigrant Investor Program is a way for foreign investors to obtain their American permanent residency – and eventually apply for citizenship – by financially contributing to the U.S. economy.

However, there are many more requirements the applicant must meet aside from helping fund a business: he or she must also create new jobs as a result of this investment. EB-5 investors need to meet this requirement to get the conditions on their permanent residency removed and become eligible to apply for citizenship.

Read on to explore all of the necessary job creation criteria for the EB-5 visa, as well as how to meet them and how to prove you’ve fulfilled them.

How many jobs do I need to create?

Your investment must be directly or indirectly responsible for the creation of 10 full-time positions for qualified employees. In this case, full-time is a minimum of 35 hours per week.

What is a qualified employee?

A qualified employee is a citizen, permanent resident, or immigrant who is lawfully authorized to work in the United States. You, your spouse, and any children you bring with you as dependents do not count as qualified employees.

What is the timeline for creating these jobs?

You will have two years to prove you have created 10 qualified full-time jobs. This two-year period begins on the day you receive your conditional permanent residency. However, it’s best to move a little faster than that, since U.S. Citizenship and Immigration Services (USCIS) typically considers one year to be a “reasonable” amount of time to create said jobs.

What is a direct vs. indirect job?

When you invest in a company and they are therefore able to take on new employees, those jobs count as “direct” jobs. In order to claim that you have created “indirect” jobs, you will need to prove that your investment helped your chosen company’s suppliers to hire new workers (as a result of the company being able to grow, expand, and spend more). It is therefore much easier to prove the creation of direct jobs.

How long do the jobs need to remain active?

If you’ve heard that the jobs you create must be “permanent” to qualify, don’t worry: in the EB-5 visa’s case, positions that remain fulfilled for two years are considered to be permanent, and can therefore be counted towards your 10 mandatory jobs.

What kind of proof do I need?

To prove that you’ve met the job creation requirements, you can submit documents like payroll records and Employment Eligibility Verification paperwork. Quarterly tax returns and W-2 forms are especially useful. You should also include detailed economic analysis reports and financial records if you have them.

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