Jobs
Full-time employment
Also called full time, 35 hours, full-time position.
Full-time employment in EB-5 means employment of a qualifying employee in a position that requires a minimum of 35 working hours per week, not 40. The 35 hours are measured by what the position requires rather than by the hours any one person works, which is why job sharing counts, but the person filling the position must still be a qualifying employee.
What it decides
8 CFR 204.6(e) sets the 35 hour floor and draws two lines readers miss. First, the hours attach to the position. A job-sharing arrangement, two or more qualifying employees sharing one full-time position, counts as full-time employment provided the hourly requirement per week is met, while combinations of part-time positions never count, even where the hours add up. Second, the employee still has to qualify. A qualifying employee is a United States citizen, a lawful permanent resident, or another immigrant lawfully authorized to be employed, and the definition excludes the investor, the investor's spouse, sons and daughters, and any nonimmigrant. A position filled by an H-1B or L-1 worker is therefore not full-time employment for EB-5 purposes however many hours it requires, and the statute carries the same exclusion at 8 U.S.C. 1153(b)(5)(A)(ii). To document job sharing, USCIS looks for a written job-sharing agreement, a weekly schedule identifying the shared positions and the hours each employee works, and evidence that the responsibilities or benefits of the position are shared (6 USCIS-PM G.2(D)(3)). That chapter, not the regulation, supplies the permanence rule: jobs that are intermittent, temporary, seasonal or transient do not qualify as permanent full-time jobs, though USCIS generally does not place a job expected to last at least two years in any of those categories.
Where this is explained properly
Pages here that go into full-time employment rather than mentioning it.
Related terms
- Ten full-time jobsTen full-time jobs for qualifying employees is the EB-5 job creation requirement: each investor's capital must produce its own ten, which is the number an offering's economic report has to show for every investor it takes in.
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