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Job Creation Requirement by a Regional Center

The job creation requirement is essential to obtaining your EB-5 visa. In order to fulfill the job creation requirement your investment must create 10 full-time US jobs. Investing in a direct investment project versus a regional center has differences in defining what “job creation” is. In a direct EB-5 investment case, you would only be able to count “direct” jobs. In this situation, jobs are open and filled by employees directly with the new commercial enterprise (known as “NCE”). For investors who plan to manage and direct their business investment, this may be their preference.

However, for investors who prioritize obtaining their EB-5 visa instead should be aware that with regional centers, USCIS also counts “indirect” and “induced” jobs. Regional centers use economic models to estimate how many jobs will be created from the economic impact of the project on the local community. For example, if your project is a hotel construction project, the direct jobs created would be the construction workers, site managers, etc. The indirect jobs are jobs created as a result of the EB-5 project. In this hotel example, indirect jobs would be the valet company working with the hotel in bringing hotel guests to the airport or other destinations. The induced jobs are jobs created in the surrounding area, for example, because EB-5 employees spend their money in the area. In this hotel example, induced jobs would be restaurant workers next to the hotel. This is just a very simplified model for illustration purposes. You should speak with an immigration attorney and economist to discuss the job creation requirement of your EB-5 project.


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No Legal Advice is Intended: This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.

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