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MONTRÉAL-EST · EB-5 FIELD GUIDE

Do the employees I inherit count toward my EB-5 job requirement?

Sources checked:

THE DIRECT ANSWER

Not automatically. At least ten qualifying full-time jobs must be attributable to your investment, and whether inherited positions count depends on the counting method available to you and on whether a preservation basis applies to this acquisition. Counsel should decide that from the company's real records rather than from projections you were shown.

Separating actual positions from projected ones

Ask the seller for payroll registers rather than a headcount summary, and compare them against scheduled hours. Part-time, seasonal and contractor roles behave differently from full-time employees. Where a broker's memorandum shows jobs the business will create after your capital arrives, treat those as projections that need a documented basis, a hiring plan, funded budget lines, and a timeline your counsel considers supportable on this file.

EB-5 requires at least ten qualifying full-time jobs per investor, using methods permitted for the actual structure. The enterprise must create ten jobs, each full time, for qualifying U.S. workers; the investor participates in management or policy. Establish lawful source, ownership and the actual at-risk investment, together with the applicable job requirements. A claimed targeted employment area or infrastructure basis calls for current, case-specific confirmation; a past marketing description cannot settle the filing-date requirement.