How long do the 10 jobs need to remain active?

The EB-5 visa is an investment pathway that, in addition to stimulating the United States economy, requires the creation or preservation of at least 10 full-time jobs for qualified workers. This criterion aims to demonstrate that the investment is making a lasting contribution to the American labor market.

In practice, the 10 jobs must be maintained active during the conditional residence period, which lasts approximately two years. During this time, the investor must provide evidence that the positions were created and remain effectively filled by full-time employees. It is worth noting that ‘full-time’ generally means a position requiring, on average, at least 35 working hours per week, and that each job must be continuously active throughout this period.

It is important to remember that, at the end of the conditional period, the investor must submit a petition to remove the conditions (Form I-829), demonstrating that the requirements, including job creation, have been met. Thus, the maintenance of the jobs is required until the government can verify, based on the submitted evidence, that this creation was effective and sustainable. Any interruption or inconsistency in the job positions may negatively impact the success of the petition.

Finally, I emphasize that, given the particularities and complexities of United States immigration laws, it is essential to seek updated information and the guidance of specialized professionals. Furthermore, it is crucial to avoid sources or campaigns that promise guaranteed results, as each process has its nuances and must be approached with caution and responsibility.

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.