The EB-5 program requires that the investment generate at least 10 full-time jobs in order to certify compliance with the visa requirements. Therefore, it is important to understand the difference between ‘ten full-time positions’ and ‘nine full-time + two part-time’, as they can impact the project’s job creation evaluation.
In the first case, ‘ten full-time positions’ means that the project must create 10 full-time job openings, where each position meets the criteria established by the U.S. immigration authorities – usually a minimum weekly hour threshold that defines full-time employment. This provides clarity regarding the number of actual jobs, facilitating the project’s analysis according to EB-5 requirements.
In the ‘nine full-time + two part-time’ situation, there are nine positions that fully meet the full-time requirement and two part-time positions. Although, in some cases, part-time job hours may be combined to approximate the workload of a full-time position, immigration authorities generally assess job structures individually. Thus, even if the total sum of hours approaches the equivalent of 10 full-time jobs, the fact that they are organized as nine full-time positions and two part-time positions may not be automatically accepted as meeting the criterion.
It is important to highlight that the understanding and application of these rules may vary according to the interpretation of each case and updates in immigration regulations. Therefore, it is essential that investors or project managers seek information from reliable sources, comply with United States immigration laws, and adhere to official guidance issued by competent authorities, avoiding proposals and marketing campaigns that promise results without legal basis.
I always recommend that any doubts be clarified with qualified immigration professionals and EB-5 program specialists, in order to ensure compliance with legal requirements and reduce risks in your investment. This way, you will be able to navigate the immigration process more securely and avoid common pitfalls in this sector.
Learn more about EB-5 Visa
- Type
- Investment Green Card
- Min. investment
- US$ 800,000
- Jobs created
- Minimum 10 (full-time)
- Processing
- 24-48 months
Victoria Harper
Editor-in-Chief
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.