When does job creation start for a standalone EB-5 investment?

When job creation starts for a standalone EB-5 investment, it is closely tied to when the new commercial enterprise (NCE) begins its operations, particularly after the capital investment is made by the EB-5 investor. For the purposes of meeting the job creation requirement, the USCIS requires that the investment must directly create at least 10 full-time jobs for qualifying U.S. workers. These jobs must be expected to be created within a "reasonable time" after the investment is made, typically within two years of the investor receiving their conditional resident status​. Regarding the second part of the question, USCIS does not require that the ten full-time jobs all be created simultaneously or that they last for the entire two years. Instead, the jobs need to be created at any time during the period up until the I-829 petition is filed to remove the conditions on the investor's permanent resident status. The critical factor is whether the jobs are full-time and are expected to last indefinitely, not necessarily for a full two years​​.
In summary, all 10 jobs need to be created, but the key is that they must exist at the time of the I-829 petition filing, and they should be reasonably expected to continue. They don’t necessarily need to last for the entire two-year conditional period.

Job creation can start any time but must be permanent jobs in place by I-829 filing.

A qualifying employee is a U.S. citizen, lawful permanent resident, or other immigrant authorized to work in the United States, including a conditional resident, temporary resident, asylee, refugee, or a person residing in the United States under suspension of deportation. This definition does not include immigrant investors; their spouses, sons, or daughters; or any noncitizen in any nonimmigrant status or who is not authorized to work in the United States. Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. At the start of the EB-5 investment process, applicants compile and submit their visa petition. A critical part of this petition package is the business plan that shows compliance with program. If the required jobs have not already been created at the time of filing the petition, their future creation must be exhibited in the business plan. This encompasses the projected job creation and information regarding what jobs will be created and when. Once approved, investors get a two-year period of conditional green card. At the end of this period, the investor must file a petition to prove that they have satisfied all requirements. Actual employment creation must be demonstrated at this point.

For EB-5 petitions filed on or after March 15, 2022, the job creation must start within 2 years, which is deemed to begin 6 months after adjudication of the EB-5 Petition (Form I-526). For standalone investors, the jobs must be full-time positions (at least 35 hours per week) created directly by the NCE.