What does the term “tenant job” mean in the context of the EB-5 program? Is this a valid type of job that can be created through either regional center EB-5 investment or direct EB-5 investment?
Answers
Salvatore Picataggio
Immigration attorneysBy working with a good EB-5 team, you can determine proper job creation methodology and estimates, and avoid tenant job issues. This was a big problem in 2012 but, since then, EB-5 professionals have done a lot of good work to figure this out.
Charles Foster
Immigration attorneys"The term "tenant job" refers to jobs created by the tenants within your project. These jobs may not be valid for EB-5 purposes, although there are some arguments that can be made to be able to receive credit for them.
BoBi Ahn
Immigration attorneysWhat you may be referring to is the ability to count jobs created by a tenant in the commercial enterprise that the immigrant investor invests in, toward the minimum 10 job creation requirement for EB-5 immigrant investor processing. This is only applicable, however, if the investor invests through a regional center, and not for direct investments. This is considered an "indirect" job creation.
Bernard P Wolfsdorf
Immigration attorneysGenerally speaking a developer cannot rely on tenant-created jobs other than in very limited circumstances - basically you have to show they are new and not relocated jobs. Here is the government guidance: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Interim%20EB-5%20Tenant-Occupancy%20GM.pdf.
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