How does USCIS define ‘full-time job’?

It is important to start by highlighting that, in the context of the EB-5 program, the job creation requirements rely on the definition of ‘full-time job’ to demonstrate the economic impact of the investment. Although interpretations may vary depending on the case, the United States Department of Homeland Security, through USCIS, generally understands a full-time job as one in which the worker provides services for an average of 35 hours or more per week.

In practice, this definition has been used to assess whether the positions created from the investment meet the ‘full-time job’ requirement. That is, for the job to be considered full-time, the worker needs to hold a position that requires at least 35 hours per week of work, continuously and consistently with the parameters of the approved business plan.

This determination is essential to prove that the investment generated the expected economic and labor impact for EB-5 beneficiaries. It is worth remembering that, when dealing with immigration and investment matters, it is essential to strictly follow the official laws and guidelines. Therefore, it is recommended that interested parties consult official sources or specialized professionals in the field to ensure that all rules are properly observed and to avoid falling victim to scams or promises of unrealistic results.

Clarity in requirements and adherence to the parameters defined by USCIS are fundamental points for the analysis of applications within the EB-5 context. In summary, although the evaluation may depend on the particularities of each case, a ‘full-time job’ for EB-5 purposes is considered a job that requires, on average, at least 35 hours of work per week, meeting the continuity and economic impact criteria demanded by the United States immigration authorities.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.