Adjudicating on Full-Time Positions
An EB-5 visa candidate can face a variety of problems during the review of his or her application by employees of U.S. Citizenship and Immigration Services. These agents are responsible for making sure a candidate for an EB-5 visa has adequately fulfilled the requirements of this program. In particular, these potential permanent residents need to show that they have created a substantial number of jobs due to their investment.
The EB-5 visa attorneys of White & Associates work to help candidates keep their application on track and navigate problems that may appear throughout the process. For more information regarding our services, contact us today by calling 818-730-3540.
Job Creation Requirements
There are a few important standards a USCIS agent will look for when they are determining whether sufficient job creation has occurred during the necessary time frame. These standards require creating 10 full-time positions at an American business. This can raise the following issues, which may need to be taken care of during the job creation process:
- Construction jobs that are not permanent positions are not counted
- Construction jobs will count if they are established on a permanent basis
- Full-time jobs with less than 35 hours per week are not counted
- The position, not worker, is considered as a part of job creation
- Within the two-year span, this position can be filled by multiple employees
These jobs need to be established for two years to qualify for the creation requirements. If an USCIS agent determines that jobs do not fit these requirements, an EB-5 candidate may have their application turned down.
Contact Us
If you are looking to enter the United States through a fast-track program such as the EB-5 visa program, you should be prepared for the requirements set by the government. To learn more about this process and how we can help, contact the EB-5 visa lawyers of White & Associates today at 818-730-3540.
