Specific jobs must be accounted for within the Business Plan or before the investor files their form I-526. Documenting the job creation comes prior to the two year conditional permanent residency period. Job Creation can begin at various stages of the two year residency period. This needs to be accounted for within your Business Plan. This is especially important for the EB-5 investor program for Indians.
Business Plan Investor Visa
Your Business Plan for an EB-5 visa must include each proposed job description for a qualified employee. According to the USCIS, a qualified employee must be a United States citizen or a permanent resident. Conditional residents living in the U.S. also qualify.
The purpose of this EB-5 visa or investor visa program is to create local jobs. The applicant, spouse, children of any age, and family must not be counted among jobs created. (This does not mean they cannot work for the business. Their doing so would not count toward a created job.)
Those without authorization to work in the United States and foreign nationals living in the U.S. with a non-immigrant status are also not eligible for a “created” job.
The job creation requirement under the EB-5 visa or investor visa program calls for full time jobs (minimum 35 hours per week). The program allows for part time positions.
The EB-5 investor program for Indians allows for one full time position to be divided among at least two part-time positions. For example, hiring four part time dishwashers for 10 hours per week each counts as ONE full time job.
Part timers planned within your EB-5 visa or investor visa program may only be hired under one specific job title. Failure to account for each proposed job would put your overall application at risk.
These jobs, whether full time or a combination of part time, must be created within the two year conditional permanent residency period. Your Business Plan must show proof.
There are three categories for these jobs, which are covered in a separate article.
When you invest $1,000,000 in your EB-5 visa or investor visa program, you are able to locate your business and create these jobs at any desired location within the United States.