Each EB-5 Investor must create at least 10 full time U.S. based jobs as a result of his or her investment. The EB-5 applicant needs to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 employees will result. The business plan must specify the approximate dates, within the next 2 years, when each U.S. employee will be hired.
For Regional Center investment, the enterprise may satisfy the job creation requirement through either direct or indirect employment creation. If the investment is not in an approved regional center the jobs must be directly created by the entity the investor is investing in.
* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.
Requirements of Removing Conditions:
The EB-5 investor must submit the I-829 petition within the 90-day period immediately before the second year anniversary of the investor’s admission to the United States as a conditional permanent resident (i.e., conditional green card holder).
Supporting Documents:
- • Evidence the EB-5 applicant in fact invested in a new commercial enterprise. This evidence may include copies of the business’ organizational documents and federal tax returns.
- • Evidence the EB-5 applicant has invested or is actively in the process of investing the total amount of required funds.
- • Evidence the EB-5 applicant has sustained his or her investment in the commercial enterprise throughout the 2 year conditional residency period. This evidence may include the following:
- -Business invoices and receipts
- -Bank statements
- -Contracts
- -Business licenses
- -Audited or reviewed financial statements.
- -Complete copies of federal or state income tax returns or quarterly tax statements
- • Evidence the EB-5 applicant created or will create within a reasonable time 10 full-time jobs for qualifying employees. Such evidence may include:
- -Business payroll records
- -Relevant tax documents
- -Employee Forms I-9
- • The same documentary requirements for job creation mentioned above, except that the EB-5 applicant must show that he or she has maintained (not created) the number of existing employees at no less than the pre-investment level for the period following his or her admission as a conditional permanent resident.
*Note: To be approvable, at least 10 full-time jobs must be maintained.
*Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.
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The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.
