No. Assess the relevant job requirement and actual investment structure.
Distinguish creation from a preservation exception
A qualifying troubled-business claim needs its own evidence. An ordinary seller payroll should not be treated as a universal substitute for qualifying job creation.
Investors choosing a direct structure gain control over the site, the business model and the hiring, and take on the evidentiary work that a regional centre would otherwise perform. Ask the sponsor to explain in writing how the job-creation methodology works for this structure, then have counsel confirm whether the claimed direct or indirect jobs are permitted by the arrangement being offered. Confirm hours, permanence, employer, expected creation date, and worker status with records appropriate to a direct or regional-center structure.
Qualifying capital placed at risk in a new commercial enterprise, lawfully sourced and traceable; creation of at least ten full-time jobs for qualifying United States workers; the investor's engagement in management or policy formulation; and two years of conditional residence before conditions are removed.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- USCIS — investor removal-of-conditions instructions and qualifying employment
- EB-5 investor participation — 8 CFR 204.6(j)(5)
- 8 USC 1153 — current EB-5 investment amounts and jobs