Full-Time Employment

The EB5 visa job creation requirement provides that it is “full-time employment” that must be created for the ten or more qualifying employees. “Full-time employment” is defined as follows:

Full-time employment means employment of a qualified employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week

A full-time employment position can be filled by two or more qualifying employees in a job sharing arrangement as long as the 35-working-hours-per-week requirement is met. However, a full-time employment position cannot be filled by combinations of part-time positions, even if those positions when combined meet the hourly requirement.

Taken from USCIS Policy Memorandum regarding EB-5 Adjudications Policy on November 9, 2011.