The investors have invested in a new commercial enterprise, as stated above, however under the EB-5 Regional Center Program the new commercial enterprise can transfer the investor funds to a separate and distinct job creating entity either in the form of a loan arrangement, or an equity investment.
The job creating entity must create or preserve at least 10 full-time jobs for U.S. workers, or U.S. permanent residents within two and half years after the investors I-526 petition is approved (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident. That is usually during the two year period of conditional residency, the full time jobs are created. As an example, once the investors I-526 petition is approved, then a few months later, the investor will obtain conditional permanent residency for a two year period. Before the end of the two year period, the investor will file another I-829 petition to remove the condition to show that the investment was sustained and the required jobs were created. Based upon current Eb-5 policies, if all the required jobs are not created, then the I-829 petition can show that based upon substantial compliance, the required jobs can be created within the next twelve months.
In an EB-5 Regional Center context, through accepted economical methodology and report, the jobs can be required indirectly.
A direct job is a job that has been created within the commercial enterprise in which the EB-5 investor has invested their capital. Whereas a indirect job is ne that has been created collaterally or as a result of capital invested into a commercial enterprise affiliated with a regional center.
All EB-5 investors are required to make a minimum personal investment of their personal funds into the commercial enterprise. By law, an EB-5 investor is required to invest a minimum of $1 million, unless the investment is located in a Targeted Employment Area (TEA)—a rural area or area of high-unemployment designated by USCIS. Regional Centers funding projects in TEA’s can accept a minimum of $500,000 from each EB-5 investor.