How are jobs calculated in an EB-5 project that is a film production?

A direct EB-5 case requires the minimum of 10 full-time permanent positions (each position of at least 35 hours a week). For a position to be considered permanent, it should last at least two years in duration. Two different EB-5 investors cannot claim the same positions for EB-5 job-creation purposes. Each EB-5 investor must create at least 10 full-time permanent positions to qualify for EB-5. It may be best for you to use a regional center project where indirect/induced jobs may be counted based on USCIS-approved economic methodology models. Otherwise, hire an experienced EB-5 immigration attorney who can help you structure a direct EB-5 new commercial enterprise based on a specific business model/industry and prepare your I-526 petition competently. A comprehensive EB-5-compliant business plan must credibly support the requisite job creation.

If I understand you correctly, you are attempting to use the same 10 jobs for two different EB-5 investors. You cannot do that, as it would be double-counting. Each investor&#39s funds has to be able to create 10 new jobs. If you want to create two different EB-5 projects for two different EB-5 applicants, that is OK, but the same 10 employees you hire for one project cannot be working in both projects. They need to be full-time employees. I hope this clarifies your question.

If an EB-5 investor invests $500,000 for a particular film project, provided that the location is in a targeted employment area which creates 19 jobs over a period of two years, then there should be no problem. However, if the same employees were counted for another investor within the same timeframe, that would be an issue.

It is tough because there are very few full-time permanent jobs in the film industry. So you need to focus on using a regional center and indirect job counts based on expenditure models. It is possible, but in the past these have been tough cases to win.

A qualifying EB-5 job is 35-plus hours per week. Two investors cannot claim the same positions.

It will depend on the structure of the business and its productions, or if you affiliate with a regional center or not. Working with an EB-5 attorney will help set it all up the right way.

Job creation will depend on whether it&#39s direct or regional center-sponsored. There are some jobs that can be created from possibly set design/buildout, but under your scenario (direct hires) you would be limited to only one project because otherwise you&#39re double-counting jobs.

For EB-5 purposes, the 10 jobs created must be attributable to one investor. If there are multiple EB-5 investors involved in the business/project, each of the investor must create 10 separate jobs.

As long as all are under the same commercial enterprise as defined in the project, it should be OK.