The EB-5 Immigrant Investor Program was built around the idea of the direct, measurable creation of jobs. However, in today’s remote and hybrid job market, the definition of “created jobs” has caused confusion. Can virtual employees working from home – and potentially even across state lines – count toward the “ten full-time positions” required for EB-5 immigration compliance?
As the USCIS continues to tighten oversight, investors and regional centers are increasingly embroiled in disputes regarding what qualifies as a legitimate U.S. job. An experienced DuPage County, IL immigration attorney can help ensure your EB-5 visa remains compliant.
What is the EB-5 Job Creation Program?
The EB-5 Job Creation Program is a U.S. immigration pathway that gives a green card to foreign investors who invest a minimum amount of capital in a U.S. enterprise, creating at least 10 full-time jobs for American workers. The program was created in 1990 to stimulate the U.S. economy and is administered by the U.S. Citizenship and Immigration Services (USCIS). The two primary paths for investment are either a direct investment or an investment through a USCIS-approved regional center. The program requirements include: