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[Q] What is "job-sharing" arrangement under which two part-time positions can combine to count as one full-time position?


Pursuant to EB-5 law, an EB-5 investor must create 10 full-time positions. The regulations allow two part-time positions which qualify as "job-sharing" positions to combine and count as one full-time position. What is meant by such "job-sharing" arrangement?

"Job sharing" is defined as a form of part-time employment in which the schedules of two part-time employees are arranged to cover the duties of a single full-time position. For example, each job sharer may work a portion of the day or week.

Only in a limited circumstances can two part-time waiter/waitress positions be argued to fall under a "job-sharing" arrangement, but I guess one can try to make that argument.

Why do we believe that the above reg. is flawed? Because of the very fact that it is too hard to make a distinction between one regular part-time position and a "job-sharing" part-time position. No matter how you slice an apple, it's still an apple. In addition, 0.5 + 0.5 should equal 1.0. In other words, jobs are jobs, whether they are part-time positions or full-time positions.

We believe that it would make more sense to allow two part-time positions of the same job duties to be combined to count as one full-time position. For example, it does not seem to us to be unreasonable that two "part-time" waitress positions at the same restaurant where each is working 25 hours per week should be allowed to be combined to count as one "full-time" position for EB-5 purpose, regardless of whether they are in a "job-sharing" arrangement?