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BLAINVILLE · EB-5 FIELD GUIDE

Can two part-time employees count as one qualifying job?

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THE DIRECT ANSWER

A genuine job-sharing arrangement can qualify when eligible employees share one full-time position requiring at least 35 working hours weekly. Simply adding two part-time positions cannot. Ask whether the claim describes one continuing full-time job or two distinct jobs, then verify the employment arrangement and the job-evidence method used in this case.

Testing the claim instead of arguing about it

Ask the project which authority it relies on for the combination, and which positions are being paired. Then compare that answer with the payroll data for the same positions. If the pairing is not permitted for this structure, the shortfall appears in the count long before any filing, which is the point of asking early. At least ten qualifying full-time jobs must be attributable to each investor.

The investor must be engaged in management or policy formulation, and a limited-partner interest with genuine voting rights in a regional-center partnership meets that standard. Confirm hours, permanence, employer, expected creation date, and worker status with records appropriate to a direct or regional-center structure. The project's file proves the new commercial enterprise, the business plan, the job-creation model and, if the reduced amount is claimed, the targeted-employment-area basis.