[Q] Can all jobs created from a particular EB-5 project (with some USC investors) be allocated to just foreign EB-5 investors?
[Q] Let's say in a $100 Million USD project, $30 Million USD comes from foreign EB-5 investors seeking green cards, where as the remaining $70 Million comes from USC or green card holders or corporations. Let's assume 700 jobs are created in total (directly and indirectly). Can all 700 new jobs be allocated to the 60 foreign EB-5 investors only?
Yes, the regs specifically allow this. Here is the regulation on point.
Employment creation allocation. The total number of full-time positions created for qualifying employees shall be allocated solely to those alien entrepreneurs who have used the establishment of the new commercial enterprise as the basis of a petition on Form I-526. No allocation need be made among persons not seeking classification under section 203(b)(5) of the Act or among non-natural persons, either foreign or domestic. The Service shall recognize any reasonable agreement made among the alien entrepreneurs in regard to the identification and allocation of such qualifying positions.