Job Creation

In the case of a troubled business, a comprehensive business plan to show possible saved and created employment must accompany the other required evidentiary documents. In the case of a new commercial enterprise within a regional center, the direct or indirect job creation may be demonstrated by the types of documents identified above or by reasonable methodologies.

When there are multiple investors in a new commercial enterprise, the total number of full-time positions created for qualifying employees will be allocated only to those immigrant investors who have used the establishment of the new commercial enterprise as the basis of their entry in the eb5 program. An allocation does not need to be made among persons not seeking classification in the eb5 program, nor does an allocation need to be made among non-natural persons (such as among investing corporations).

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