Questions and Answers: Crediting Indirect Positions created prior to Regional Center approval

Question: Can a foreign investor invest in a business which is included in a pending Regional Center petition, and propose taking credit in his I-526 only for direct jobs initially? However, if the Regional Center petition is approved, can he take credit for both direct and indirect/induced jobs when submitting his I-829? For example:

• a $4 million project,
• 30 direct jobs and 10 indirect/induced jobs are projected,
• 3 investors invest $1.8 million each before the Regional Center is approved and one invests $1.8 million after the Regional Center is approved.

Can the 40 jobs be allocated equally with the I-829s to both the pre-Regional Center approval investors and the post Regional Center approval investor?

Response: No investor may file an I-526 petition seeking credit for indirect job creation prior to the approval and designation of the regional center entity that is associated with the capital investment project. I-526 petitions filed prior to the approval of the regional center application can only be credited with qualifying jobs created directly within the investor’s new commercial enterprise at the I-829 petition stage. The determination of whether or not an I-526 petition is a Regional Center-associated petition is determined at filing. If it is a regular petition it is governed by 8 CFR 204.6(j), if it is an RC petition, it is governed by 8 CFR 204.6(j) and (m).

Taken from USCIS Quarterly EB-5 Stakeholders Meeting on June 30, 2011