What if the created jobs aren”t permanent?

Under EB-5 regulations, the investor must show that the job creation requirement was satisfied at the time the I-829 was filed or will be created within a reasonable time thereafter. The USCIS officer considers certain evidence to determine if the jobs are likely to be created within a reasonable time.

Permanent jobs are defined by USCIS and are not really permanent in the traditional sense. Jobs should last at least two years to be considered for EB-5 purposes. We would coordinate with an EB-5 economist to review the job creation and timelines.

The 10 jobs should exist when you file for removal of the condition.

The created jobs must be permanent jobs, not temporary jobs. You must show that you created the jobs by the time the I-829 was filed, or within a reasonable period of time thereafter. You also must sustain the investment for the entire conditional period. If your new commercial enterprise created 10 jobs within the two years, but you did not sustain the investment for the full two-year period and the jobs went away before the I-829 petition was filed, then you will have a hard time removing the condition. On the other hand, if you create the jobs and file the I-829 and get it approved, then it does not matter what happens to the jobs or the investment after you receive your permanent green card.

In a regional center EB-5 project, the required number of jobs are calculated in a number of different ways. Based upon an acceptable economic methodology, indirect jobs may be calculated. However, even under these circumstances, the jobs need to be created and maintained until I-829 adjudication.