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[HOT] [Q] Does construction-related jobs for a real estate development or renovation project count for EB-5 case?


Although both statutes and regulations are silent on this point, the AAO has held, however, that construction jobs do not qualify for direct job creation, but USCIS has stated that it is willing to allow the indirect and induced job creation from construction jobs in EB-5 regional center cases, but of course, not in direct, individual EB-5 case.

The practical difficulty in counting direct, construction jobs is that often these jobs are not full-time and are independent contractors of sub-contractors. Perhaps a certification letter from the General Contractor overseeing the entire project might work for I-526 purpose, but it might be very hard to get all documentation needed to prove Direct jobs at I-829 stage.