Skip to content
BELOEIL · EB-5 FIELD GUIDE

Can I rely on a project saying it will create hundreds of jobs?

Sources checked:

THE DIRECT ANSWER

Ask how qualifying jobs support each investor, including you. A large project total does not replace the requirement for ten qualifying full-time jobs per investor.

Check the denominator as well as the headline

Identify the number of investors and the proposed allocation. For direct jobs, qualifying worker rules exclude the investor, spouse and children and exclude people in nonimmigrant status. Regional-center job evidence has its own permitted methodology; do not apply a direct payroll count to every structure.

The standard amount is one million and fifty thousand United States dollars, or eight hundred thousand where the enterprise is principally doing business in a qualifying targeted employment area or is an infrastructure project. The immigrant investor category requires an investment of the qualifying amount in a new commercial enterprise that creates at least ten full-time jobs for qualifying U.S. workers, made with capital the investor obtained lawfully, with the investor engaged in management or policy formulation. The EB-5 regulations define capital as cash and other assets owned by the investor and placed at risk, and require that the full qualifying amount be invested or actively in the process of being invested when the petition is filed.