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Investor Visa (EB-5) Job Creation Requirements in a Nutshell

EB-5 visa holders must create or preserve at least 10 full-time jobs for qualifying U.S. workers (qualifying employees) within 2 years of the immigrant investor's admission to the United States as a Conditional Permanent Resident.

A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or an individual who is not authorized to work in the United States.

Full-time employment means employment of a qualifying employee in a position that requires a minimum of 35 working hours per week.

Job-sharing arrangement where two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This does not include combinations of part-time positions or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and continuous.

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