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Question:

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Do I already need to have 10 employees at the time of initial investment? Should I create 10 jobs at the time of the initial investment? When does the clock for the new 10 jobs start ticking? Is there a test period for these 10 jobs prior I-829 filing?

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Answers:

January 17, 2014 11:22 Ed Beshara

At the time of filing the I-526 Investors petition the required jobs do not have to be created. However, the Business Plan which is filed with the I-526 petition will clearly state when the jobs will be created. The EB-5 policy states that the required jobs have to be created within two and a half years of the I-526 petition being approved.

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January 17, 2014 11:47 Sal Picataggio

The jobs will be created as a result of the $500,00 or $1 million investment. Therefore, the job creation occurs after the investment is made. The 2-year conditional permanent residency period is the time for the 10 jobs to be created.

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