EB-5 Program Job-Sharing Arrangements

After an EB-5 investor has received their conditional permanent residence, they have two years to create 10 full time jobs for qualified U.S. workers. EB-5 investors can create direct, indirect, or induced jobs. They can also create a job-sharing arrangement.

What is a job-sharing arrangement?

A job-sharing arrangement occurs when two or more employees share a full-time employee position. There are a few requirements in order for a job-sharing arrangement to count for the EB-5 Program.

1. In order to qualify, the employees who are sharing the full-time position must meet the weekly hourly requirements of a full-time employee.
2. Part-time positions cannot be combined to meet this requirement even if their hours meet the requirement.
3. The employees involved in the job-sharing arrangement must be permanent employees.
4. The employees involved in the job-sharing arrangement must share any benefits that a typical permanent full-time employee would receive.

What other types of job creation count?

Direct job creation: Direct jobs, also known as actual jobs, must be created if the EB-5 investor invests in the normal EB-5 Program.

Preservation of jobs: If an EB-5 investor invests in a troubled business, they can count jobs saved or preserved. A troubled business is one that has existed for two or more years and has lost 20% of their net worth during a period of 1-2 years prior to an EB-5 investor filing their I-526 petition.

Indirect job creation: If the EB-5 investor invests in the Regional Center Program (this means that the commercial enterprise they invest in is affiliated with a regional center), they can create indirect jobs, or jobs that are created when the EB-5 project hires or purchases from third party suppliers for goods or services.

Induced job creation: If the EB-5 investor invests in the Regional Center Program, they can be credited with induced job creation. Induced jobs are jobs that are created in the regional center’s community as a result of the employees on the EB-5 project spending money in the local area. When the regional center’s EB-5 project has a strong economic impact on the surrounding community and creates jobs, those jobs can count as induced jobs.