Job Creation 1 of 3

Question: In a case where the EB-5 business is a real estate development, which leases space to tenant businesses who then hire employees, do the following factors increase the likelihood that those tenant’s jobs can count toward satisfying the job requirements of the development’s EB-5 investors:

1. The tenant business is a new business which did not merely move from another location
2. The tenant business received cash from the development for tenant improvements

Answer:

1. The tenant business is a new business which did not merely move from another location. This is not acceptable. None of the EB-5 capital would be flowing to the jobs created by the tenant.
2. The tenant business received cash from the development for tenant improvements  This is not acceptable.  The tenants would still be responsible for creating the jobs.  The EB-5 capital would simply be improving/outfitting/customizing the structure already owned by EB-5 capital.

Taken directly from USCIS EB-5 Immigrant Investor Program Quarterly Stakeholder Engagement on May 1, 2012.