EB-5 Job Creation: Which Jobs Count, How They’re Calculated and How to Qualify

Every EB-5 petition must demonstrate that at least 10 full-time jobs have been created. But not all jobs count equally — and the rules differ significantly depending on whether you invest directly or through a Regional Center. Here’s what you need to know.

In order for EB-5 investors to file an I-829 petition, and have that petition approved, they must fulfill a few key requirements: 1) they must invest at least $1,050,000 ($800,000 for reserved categories), 2) the investment must be put at risk for at least two years, and 3) the investment must be used to create at least 10 full-time jobs.

The idea of a “full-time job” may seem straightforward, but there is more than one type of job that can be created by a business enterprise, including direct employees, construction jobs, those employed by vendor & contractor businesses, and more. Understanding how EB-5 job creation works in EB-5 is an important part of the process, so investors should learn about this aspect of EB-5 before embarking on an investment project.

What are the requirements for EB-5 jobs?

In order to be counted for an investor’s petition, a created job must be full-time, not part-time or seasonal. But what qualifies someone as full-time? And what about workers who aren’t directly employed by the EB-5 business, but fill jobs that come as a result of that project? There are a lot of jobs that result from a major development project, and only some of them can be counted for EB-5 job creation purposed.

Industry trade organization Invest In the USA (IIUSA), in its FAQ on the Regional Center Program, outlines what U.S. Citizenship and Immigration Services (USCIS) means when it refers to a “job” created under EB-5:

Jobs must be permanent, full-time (at least 35 hours per week), and generally must be created within two years after the investor has obtained conditional permanent residency. At the end of the two-year conditional residency period, investors must prove that the required investment has been sustained and the job creation requirement has been met.

In addition to defining the agency’s concept of “full-time,” the FAQ also makes it clear that jobs should be created before the end of the investor’s two-year period of conditional residency. Since the initial investment is made before adjudication of the investor’s I-526/I-526E petition, this gives a decent amount of time for jobs to be created, but the period will be different for each investor, and isn’t infinite.

Calculating EB-5 job creation for direct investment

There are two ways to make an EB-5 investment: 1) by investing directly in a job-creating business, or 2) through an EB-5 Regional Center. As IIUSA explains, “the direct investment model requires the investor to invest in a job-creating enterprise where they must take an active managerial role,” which can be difficult for those immigrant investors without business experience in the United States. Entrepreneurs who want more control over how their capital is used may favor the direct route. Generally, only 5% of EB-5 investors choose EB-5 direct investment.

EB-5 direct investment has stricter rules for job creation than EB-5 Regional Center investment. According to IIUSA, “Only direct, full-time W-2 jobs created by the business can be counted toward the job creation requirement, as indirect or induced job creation is not permitted or recognized.”

In other words, only employees working directly for the EB-5 business can be counted. That’s why, as the American Immigrant Investor Alliance (AIIA) explains, direct investing is best for small businesses in stable industries.

“The project must be successful in maintaining at least 10 full time jobs and financial stability through the conditional residency period. Project success is crucial to a successful immigration process,” says AIIA.

Not everyone has the experience and ability to operate a small business that will create and maintain ten jobs for the required period. If the business fails, the investor petition may fail also. That’s a significant level of risk, which is why most investors choose to go the EB-5 Regional Center route.

Calculating EB-5 job creation for Regional Center investments

Instead of operating their own small businesses, EB-5 applicants can make their investments with a EB-5 Regional Center that pools investor capital to be deployed in large-scale projects. In addition to removing the burden of actively operating the business, EB-5 Regional Center projects are also able to calculate created jobs differently.

“Projects sponsored by a Regional Center may pool EB-5 investors into a single investment vehicle and are permitted to use economic modeling to demonstrate indirect and induced job creation, in addition to any direct jobs,” says IIUSA, going on to explain how construction jobs and those with a temporary duration are counted:

If the construction period is expected to last less than 24 months, the job creation figure is prorated based on the ratio of the actual construction duration to 24 months. For example, a 12-month construction period may receive credit for only 50% of the full-time equivalent jobs estimated through economic modeling. In addition, projects with construction periods shorter than two years may only count indirect jobs for up to 75% of the total required job creation per investor. For construction periods of two years or longer, up to 90% of the total required jobs may be indirect.

AIIA points out that another benefit of Regional Center investing is that the success of the project isn’t necessary for the petition to be successful.

“If the project is foreclosed, unfinished, or declares bankruptcy, investors may still be able to complete the immigration process despite project failure (provided the EB-5 money was spent correctly and the economic model reflects enough jobs created for all investors),” says AIIA.

Understanding EB-5 indirect jobs

EB-5  Regional Center investments allow for EB-5 indirect jobs to be counted. What counts as an indirect job? Suzanne Lazicki explains how that term is used differently in EB-5 than in other contexts:

The EB-5 definition of “indirect job” is NOT THE SAME as the economic model/common usage definition of “indirect job.” In its EB-5 definition, an indirect job is a job that resulted from an EB-5 investment, yet not a W-2 employee of the particular entity in which the EB-5 investor is an equity member. This definition comprises jobs that would be considered both direct and indirect from an economic perspective. For example, for an EB-5 investor in a hotel development, all construction workers and hotel employees at the hotel site are EB-5-defined “indirect jobs,” assuming that they’re on the payroll of various contractors and a hotel management company, not on the payroll of the investor-owned entity.

This is where things can get confusing: the standard Regional Center investment structure involves an investment in a New Commercial Enterprise (NCE) that then invests capital in a Job-Creating Entity (JCE). As Lazicki explains, “That degree of separation makes all verifiable JCE direct employees and other job creation by the investment project structurally ‘indirect’ by the EB-5 definition.”

In general economic terms, “indirect” and “induced” jobs are not the same, but under the EB-5 definition, these would all be considered EB-5 indirect jobs. By the EB-5 economic model, indirect jobs can be counted, but they aren’t counted in the same way as direct jobs. The EB-5 Reform and Integrity Act of 2022 (RIA) established rules for how indirect jobs and those for construction periods of less than 24 months can be counted.

In an article for the April 2026 IIUSA Regional Center Business Journal, Scott W. Barnhart of Barnhart Economic Services outlines the changes, which “allow projects to count a portion of the direct jobs created for projects with a construction period of less than 24 months,” while also limiting the number of indirect or induced jobs that can be counted. Barnhart helpfully lays out the pertinent rule changes:

• Rule One: Indirect + Induced jobs in regional center projects cannot count for more than 90% of the total job count.
• Rule Two: If the construction period of a project lasts less than 24 months, indirect and induced jobs cannot count for more than 75% of the total job count.
• Rule Three: If the construction period of a project lasts less than 24 months, the direct job count must be reduced by multiplying the original construction direct job count by the fraction of the 24-month period that the construction activity lasts.

All this calculation is done based upon acceptable EB-5 economic models. So, what are these economic models, and how do investors prove job creation requirements have been met?

What Evidence of EB-5 Job Creation Must Accompany Your I-829 Petition?

LCR Capital Partners has a helpful explainer of just how investors can prove that the requisite jobs have actually been created by their EB-5 investments:

“Proving job creation depends on the type of investment,” says LCR. “For direct jobs, investors must show concrete evidence such as W-2 forms or payroll records. For regional center investments, job creation is measured using EB-5 economic models approved by USCIS, such as RIMS II (Regional Input-Output Modeling System), IMPLAN, or REMI. These models use detailed data to project the number of jobs supported by the spending associated with an EB5 project.”

From the capital that has been spent by the project, these models extrapolate indirect job creation. In addition, “third-party experts provide reports at both the business plan stage and during project construction to confirm job creation estimates.”

As far as evidence to support an I-829 petition, IIUSA suggests that “Investors should request and retain copies of project updates, job creation reports, and financial records to support their I-829 petitions.”

In some circumstances, USCIS may also consider “additional evidence of job creation that occurs within a reasonable period following the two-year conditional residency period,” especially in cases where “job creation was affected by factors beyond the investor’s control.” This could include “bank statements, wire transfers, NCE and JCE financials, and other evidence of project completion and operation. Job creation must also be proven through expenditure records, revenue records, payroll records, W-2s, I-9s, and economic reports, or credible modeling for indirect employment. USCIS may issue a RFE or NOID if the documentation is insufficient.”

All of this documentation is not something an investor should be expected to provide on their own. Investors need to work with a Regional Center and project that will not only create jobs, but provide the necessary documentation.

Giving your EB-5 application the greatest likelihood of approval

Remember that 10 jobs must be created for each investor. For projects with dozens of EB-5 investors, that can be a lot of jobs and a lot of required documentation. In order to ensure a successful I-829 petition, the EB-5 investor needs to be confident that their EB-5 Regional Center is providing them with the necessary information.

“They should track project performance and job creation progress, confirm compliance with sustainment period rules, and respond promptly to any RFEs or NOIDs issued by USCIS,” says IIUSA. “Ultimately, proactive monitoring and informed decision-making are the best tools to ensure successful EB-5 outcomes.”

That’s why the best Regional Centers work with a third-party fund administrator like JTC. We help Regional Centers offer full transparency through our secure online portal that lets investors see the status of EB-5 investments at any time, from anywhere in the world, 24/7. No matter what is happening with the project, investors know they can access the documents and information they need on JTC’s portal, and that an experienced third party is looking out for their interests.

Finding the right EB-5 Regional Center is not easy. With so much at stake, it’s worth learning as much as you can about how EB-5 investing works and what good Regional Centers do to put their investors in a position for successful immigration applications. To help investors better understand the choices before them, JTC and CanAm Enterprises have created a full guide to EB-5 project selection, which covers questions to ask, red flags to watch out for, and what the best Regional Centers have in common. Download the guide at the link below to start your EB-5 journey right.

Download the EB-5 Project Selection Guide

EB-5 Job Creation, Indirect Jobs, and the I-829 Petition