Total Jobs Created vs. Total EB-5 Investors
The EB-5 program requires each investor to create at least
10 full-time jobs through the required investment. Professionals
helping EB-5 investors should evaluate a project’s job creation
report and determine whether it will create 10 jobs for every
EB-5 investor. The real world is unpredictable, and it is possible
that the project might not create all the jobs estimated in the
job creation report. USCIS could disagree with the job creation
estimates and reduce the projection or the project may not
create all jobs calculated if certain assumptions in the report
are not satisfied. Due to this uncertainty, projects should never
seek a number of investors that would require 100 percent of
the jobs estimated be created to satisfy the requirement that
each investment create 10 jobs. In other words, projects should
always build a jobs cushion into its offering and seek investors
to account for only 80 – 85 percent of the jobs calculated in the
job creation report. The purpose of this cushion is to ensure that
every investor is credited with at least 10 jobs even if USCIS
reduces the jobs credited to investors or fewer jobs are actually
created by the project. For example, if a project is projected
to create 1,000 jobs, the maximum number of EB-5 investors
that should be supported would be approximately 80 to 85
(accounting for 800 – 850 of the jobs), because of the possibility that USCIS might reduce the number of jobs credited to
investors or that the project ma