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EB-5: Qualifying Employment Creation


In addition to investing the required amount under the statute, the investment must result in the creation of full-time employment for at least 10 qualifying U.S. citizens or immigrant workers, other than the applicant and his or her immediate family, within the two year conditional residency period. Employment means employment in a position which requires 35 hours of service per week, regardless of who fills the position. Independent contractors are not employees for purposes of qualifying investments. Where an investment only supports existing positions but fails to create new full-time jobs, it does not satisfy the requirements under the statute unless the investment is in a troubled business.
Documents which can be submitted to prove the creation of 10 full-time positions include USCIS Form I-9 (Employment Eligibility Verification), tax records of already hired employees, a copy of a comprehensive business plan which demonstrates where the 10 employees will be hired, and the approximate dates of hire within the required two year period.