The U.S. EB-5 Immigrant Investor Program, established in 1990, was designed with a dual purpose: to attract foreign capital and to stimulate economic growth by creating jobs for American workers.Job creation is therefore the key condition that determines the success of each EB-5 application.
According to program requirements, every EB-5 investment must demonstrate the creation of at least 10 full-time lawful jobs.The U.S. Citizenship and Immigration Services (USCIS) strictly monitors this criterion, making project selection a crucial factor in ensuring investor safety.
Legal Framework for Job Creation Requirements
Under the Immigration and Nationality Act (INA) §203(b)(5)::
- EB-5 investors must create at least 10 full-time jobs for U.S. citizens or lawful permanent residents.
- Jobs must be real and verifiable, supported by documentation,not just business plans.
- USCIS distinguishes clearly between direct jobs and indirect/induced jobs..
- Jobs must be maintained for at least 2 years after the investor receives a conditional Green Card.
- For long-term projects, USCIS allows a“reasonable timeframe”for job creation, generally not exceeding 3–4 years.
Types of Jobs Under EB-5
Direct Jobs
- Created directly by the business utilizing EB-5 capital.
- Must be evidenced through employment contracts, payroll records, and tax filings.
- More common in direct investments, such as opening and operating a business.
Indirect & Induced Jobs
- Generated through the project’s wider economic impact: supply chain, related services, increased commerce, etc.
- Chỉ được tính trong Countable only in EB-5 Regional Center projects..
- Measured using USCIS-approved economic models (IMPLAN, RIMS II).
Job Creation Timeline
- USCIS generally expects projects to create sufficient jobs within 2.5 years of capital deployment..
- For large-scale construction projects, the timeframe may extend to about 3–4 years,provided feasibility and detailed planning can be demonstrated.
- All evidence must be documented in Form I-526E/I-829 filings..
Risks of Failing to Meet Job Creation Criteria
Failure to create 10 jobs may lead to serious consequences:
- Rejection of the I-829 petition,preventing investors from obtaining permanent Green Cards.
- Loss of lawful residency status, potentially requiring the entire family to leave the U.S.
- Capital risk if the project fails to complete or underperforms.
In reality, during the COVID-19 period, many hotel projects failed to create sufficient jobs, resulting in widespread delays and denials of EB-5 applications.
Risk Mitigation Strategies for Investors
- Choose projects with job creation buffers (30–50% above the minimum requirement).
- Prioritize experienced and reputable Regional Centerswith a proven track record.
- Review safe capital structures:EB-5 funds should ideally be positioned as Senior Loan to minimize capital loss.
- Select projects with clear, tangible progress—such as those already under construction or contracted with reputable developers.
Recommendations for Vietnamese Investors
- Carefully review the project’s job creation report, not just marketing summaries.
- Ensure the economic model used for job calculation is USCIS-approved.
- Assess the project’s implementation progress and capital deployment.
- Work with a trusted and experienced advisory firmto verify legal compliance and optimize application strategies.
Contact OMG Visa now to register for a one-on-one consultation with an expert on the U.S. EB-5 immigration program!
