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EB5 PETITIONS UNDER DIRECT JOB CREATION WITH TEA
Presently with the lowest investment amount reduced from $900,000 to $500,000 for targeted employment area investments for a family application, a window has opened for investors to possibly file an I-526 Petition at the $500,000 investment level at Targeted Employment Area.
Since these locations are not in a rural county or in a single Census tract with a qualifying rate, the combination qualifies a project as a Targeted Employment Area due to its high unemployment rate brings eligibility for investors to lodge the EB5 application with United States Citizenship and Immigration Services (USCIS) for the Targeted Employment Area (TEA).
Though, the EB-5 regional center program has lapsed on 30th June 2021 and currently requires Congress to pass legislation reauthorizing it before new I-526 Petitions can be filed with United States Citizenship and Immigration Services (USCIS) for the Regional centers. Read more at: https://bilimoriaassociate.com/immigration-news-detail.php?rId=195
Presently, there is a large interest by EB-5 investors in filing an I-526 Petition following the Behring federal court decision, which invalidated the 2019 EB-5 regulations.
In distinction, the “direct” EB-5 program is a permanent program that does not require reauthorization by Congress. As the program is permanent, I-526 Petitions based on a direct investment can be filed with USCIS. Following the Behring decision, a “direct” EB-5 Petition requires a minimum investment of at least $500,000, if the business will be situated in a rural area or an area of high unemployment. The business must also create 10 new, permanent, and full-time positions for U.S. workers.
The job creation condition in the “direct” EB-5 Petition context is plenty more slim than in the regional center program context.
Prominently, the investor makes the investment into a “new commercial enterprise” or NCE. In the direct EB-5 situation, the NCE must be the same business entity employing the workers that will qualify for job creation purposes.
Normally, only the NCE or its wholly owned subsidiary can be the employer for job creation purposes in the direct EB-5 context. Jobs created at a distinct entity are not allowable in the “direct” EB-5 Petition context; for this reason, construction jobs, which are frequently used for job creation resolutions in the regional center context, are generally not allowable in the direct EB-5 context because those construction workers are employed by entities that are not the “new commercial enterprise” NCE.
Likewise, “direct” employees working at a business – such as a hotel – may not be allowable in the direct EB-5 context if they are not W2 employees of the NCE or its wholly-owned subsidiary. Proper structuring for the direct context is critical to make sure the job creation comports with the EB-5 requirements.
Besides, in the direct EB-5 context, the jobs created must be full-time, import each job will be at least 35 hours per week. The jobs also must be permanent, with a belief that the job will last at least 24 months; seasonal or temporary jobs do not count for this purpose. The employees also must be W2 employees of the “new commercial enterprise” NCE; independent contractors or positions created by separate entities, as described above, will not be counted by USCIS.
Lastly, the positions must be filled by U.S. workers. A direct EB-5 petition must fully outline the jobs that will be created at the “new commercial enterprise” NCE, the positions to be created a filled, the timeline for creating those jobs, and the hours of employees.
Since the regional center EB-5 program is put on hold, until it is reauthorized by Congress, many investors are eager to pursue a “direct” EB-5 investment at the lower $500,000 amount. Aimed at those investors considering investing in their own start up business or a pre-packaged “direct” project, evaluation of the project structure and job creation is critical to approval. The borders on job creation in the direct EB-5 context must be understood, and the investment options must be developed properly to ensure USCIS will approve the job creation which in turn will help the investor who will apply under EB5 program.
Investors and other bodies continue to insist USCIS and Congress for a legislative proposal to reauthorize the EB-5 Regional Center program. We hope in due course of time the reauthorization should happen for applications to be lodged under Regional Center Program.
Bilimoria & Associate is specialised in Immigration visas with 26 YEARS experience in lodging successful EB-5 application towards obtaining Green card to USA. We have projects that have an exemplar approval from USCIS and also have approvals for applications to lodge with Targeted Employment Area (TEA).
We also have applications that have Petition approval for I-526 & I-829 Condition removal on approved projects.
Our expertise has undertaken over a billion dollars in projects, and have raised more than $300 Million in EB-5 investment and have completed almost 38 different projects in the last 10 years and have processed many EB-5 investor applications with 100% success rate.
Bilimoria & Associate liaisons with the Member of Oregon State Bar Association and Attorney in good standing, USA (OSB) and also liaisons with member of the American Immigration Lawyers Association (AILA) towards preparation of a successful application for EB-5 visa.
Please contact us to learn more about the current EB-5 projects and towards lodgment of your Green card and Permanent Residency to the USA!!
You can write to us to assess your eligibility at: neville@bilimoriaassociate.com (or) contact us +91 44 2822 7222 / 2823 9229 / 4350 8191 between Monday – Saturday, 10.30 am to 5.30 pm. You can also fix an appointment with our office to meet us in person to discuss your eligibility.