Instantly Calculate EB-5 Eligible Job Creation for Any Project
- 100% Free EB-5 Eligible Job Calculator
- Instant Results – No Waiting for an Economist
- Determine EB-5 Eligible Job Creation in Seconds
Estimate Total EB-5 Capital Allowed for Any Project Based on EB-5 Eligible Job Creation
- Estimate the Number of EB-5 Investors Based upon EB-5 Eligible Job Creation
- Total Number of EB-5 Investors Determines the Maximum Amount of EB-5 Capital
Works for Any Type of EB-5 Project in All 50 States
- Works for Projects in All 50 States – Simply Enter Project Address
- Works for All Project Industries, Including All Primary RIMS II Industry Categories
Estimate EB-5 Job Creation Based on Hard / Soft Construction Costs and Projected Operational Revenues
- Hard Construction Costs
- Soft Construction Costs
- Projected Operational Revenues
Account for Changes in Hard Construction Duration (<> 24 Months)
- EB-5 Job Creation Varies Significantly Based on Construction Duration (Direct / Indirect Jobs)
- Select Project Construction Duration: (i) Greater than 24 Months or (ii) Less Than 24 Months
Select Multiple Soft Construction Costs
- Determine Job Creation from Multiple Soft Construction Costs
- Select Appropriate Industry Category (NAICS Code) for Each Soft Construction Cost
- Summary of Job Creation Combines Multiple Soft Construction Costs
Select Multiple Operational Revenue Sources
- Determine Job Creation from Projected Operational Revenues
- Select Appropriate Industry Category (NAICS Code) for Each Revenue Stream
- Summary Job Creation Combines Multiple Operational Revenue Streams
Uses Latest RIMS II Data
- The Majority of EB-5 Projects Use RIMS II Data
- Data is Issued by the U.S. Bureau of Economic Analysis (BEA)
- RIMS II Data Multipliers Automatically Update Based on Project Location
EB-5 Job Creation Basics
The EB-5 Program was created to encourage economic growth through foreign investment in U.S. businesses, particularly through job creation. These goals also outline the basic requirements for program participants: a capital investment in a new commercial enterprise (NCE) that creates at least 10 full-time, permanent jobs for qualifying employees.
The minimum capital investment threshold depends on the location of the NCE—the standard threshold is $1,000,000, but for NCEs in targeted employment areas (TEAs), the minimum is $500,000. In either case, the minimum number of jobs that must be created remains the same.
How these jobs are calculated, however, depends on the manner in which the investment is made and several other factors.
Foreign investors may make EB-5 investments directly into an NCE—which allows investors to count only those jobs created directly by the NCE toward job creation—but most participants choose to invest through regional centers, which allows for a more favorable method of calculating job creation that includes direct, indirect, and induced jobs.
What are the differences between direct, indirect, and induced jobs?
Direct jobs are the job positions created directly by the NCE. Typically, these are the operations jobs generated by the enterprise’s ongoing business, but construction jobs may also be considered direct jobs if the period of construction lasts for 24 months or longer.
Indirect jobs represent employment that is generated through the spending of the NCE. As the NCE spends money on local goods and services, demand increases and jobs are created. Goods include all materials, equipment, and supplies purchased by the NCE, and services might include grounds keeping, maintenance, IT, legal counsel, and any other professional services hired locally.
Induced jobs are similar to indirect jobs in that they are created through spending—the primary difference is that induced jobs are created when employees of the NCE spend their wages locally. For example, employees are likely to spend a portion of their income on gas, groceries, home improvement, recreation, etc.
All projects are able to count the jobs they create directly, but only projects sponsored by regional centers may count indirect and induced jobs toward job creation.
What job positions qualify for EB-5?
The EB-5 Program requires that the jobs created by an EB-5 investment be full-time, permanent positions filled by qualified U.S. workers.
- Full time: 35+ hours per week; two part-time positions do not constitute a full-time position, but a full-time position may be filled by more than one worker (i.e., job-share)
- Permanent: year-round jobs; not seasonal or temporary
- Filled by a qualified U.S. worker: a U.S. citizen or permanent resident; includes refugees, asylees, and immigrant workers under suspension of deportation; nonimmigrant and illegal immigrant workers are not qualified
How is EB-5 job creation calculated?
While direct jobs can simply be counted—which is how direct investments calculate job creation—indirect and induced jobs can only be calculated using accepted economic or statistical methods. As a result, projects sponsored by regional centers require economic analyses to determine their total economic impact and consequent job creation.
The most common economic models used to calculate job creation are RIMS II, IMPLAN, and REMI. Using these input/output models, economists are able to consider various factors—such as a project’s location, its broader industry relationships, and its revenue and expenditure categories—to estimate its regional economic impact. These econometric models generate multipliers that are then applied to expenditures and revenues in order to calculate job creation.
Simply stated, these multipliers demonstrate how local demand will affect a region’s earnings and rate of employment. The multipliers are categorized by industry and reflect regional data, which is important since a given project’s location will affect its level of economic impact depending on whether or not goods and services can be sourced locally.
Why is economic analysis important?
When a foreign national files Form I-526 to petition as an immigrant investor, the economic analysis is necessary for proving to United States Citizenship and Immigration Services (USCIS) that the EB-5 investment will produce the necessary number of jobs assuming the NCE follows its business plan and budget. Two years after the I-526 Petition is approved, the economic analysis will once again be used—this time in conjunction with actual financial figures—to demonstrate the investment resulted in the creation of at least 10 qualifying jobs.
How are EB-5 jobs typically categorized
Calculating EB-5 Construction Jobs
Most projects generate at least some construction jobs, which are calculated using construction expenses and the final demand multiplier provided by the economic model. This multiplier represents how many jobs are created for every million dollars spent.
When calculating construction jobs for EB-5 projects, the construction timeline, types of expenses, and inflation must all be considered.
How does construction duration affect the job calculation?
For construction periods of less than 24 months, only indirect and induced job creation may be counted. Projects with construction timelines of 24 months and greater, however, are able to count direct job creation as well, which results in a much higher figure for employment creation—in some cases, job output doubles. As a result, such projects are able to take on more EB-5 investors or are able to offer greater job cushion for investors (i.e., the project creates more than 10 jobs per EB-5 investor).
The construction period is typically measured from the first shovel in the ground until the certificate of occupancy is issued.
What kinds of construction expenses can be counted?
Hard construction costs are generally able to be counted toward job creation—though some are not eligible. Ineligible hard costs include contingencies and fees and, in some cases, the costs associated with general conditions.
Certain soft construction costs are also able to be counted toward EB-5 job creation, including design, architectural, and engineering fees. Ineligible soft costs may include building permits and fees, utility fees, marketing costs, insurance premiums, finance charges, and taxes.
Costs incurred purchasing furniture, fixtures, and equipment (FF&E) can also be counted toward EB-5 job creation.
Hard and soft construction costs and FF&E are calculated separately using different multipliers.
What is cost inflation and how does it affect the calculation?
The value of the dollar is constantly in flux, and so costs in current U.S. dollars may need to be adjusted to match the value of the dollar relative to the data used in the economic model. For instance, the input/output model’s multipliers and coefficients may rely on data measured in 2014 dollars, and as a result, current costs must be deflated to 2014 dollars as well. Deflation figures are published by the U.S. Bureau of Labor Statistics (BLS).
What documentation is required by USCIS for construction jobs?
USCIS requires evidence that the costs associated with the project are reasonable and that the economic analysis is credible. This evidence will include the general contractor’s itemized construction budget, which USCIS will compare to similar projects in the region. For projects with a construction timeline of 24 months or more, USCIS will expect a monthly schedule of estimated costs.
When an investor submits Form I-829, USCIS expects to see evidence that funds were actually spent—evidence of such may include wire transfers, canceled checks, etc.
Calculating EB-5 Operations Jobs
Unlike construction jobs, which are calculated based on expenses, operations jobs are generally calculated in one of two ways: by applying the final demand multiplier to properly deflated revenue or by applying the employment multiplier to the number of direct jobs created by the enterprise.
What types of projects qualify for EB-5?
Some project types are more likely to be approved by USCIS than others—and USCIS preferences change over time. The current project types most likely to gain approval are hotels, restaurants, hospitals, medical offices, senior living facilities, and residential properties.
Some projects, like shopping centers and offices, are currently less likely to gain USCIS approval even though such projects have been approved in the past. The reason USCIS looks less favorably on such projects has to do with net job creation—USCIS assumes that revenue merely shifts from old shopping centers and offices to new locations and that for such developments, no net increase in employment actually takes place. For such projects, the burden is on the applicant to prove that a net increase in jobs does, in fact, occur.
How much ownership must the project developer maintain in order to count operations jobs?
Operations jobs can only be counted if the development company maintains an ownership interest in the job creating entity (JCE). USCIS has not indicated a specific amount of ownership required, but a majority stake is not necessary. As little as a 15% share in the company seems to satisfy USCIS.
What data is used for calculating operations jobs?
Operations jobs are calculated using data from a number of surveys as well as the data from whatever economic model is in use. Sometimes, job creation is based upon the building’s square footage.
What documentation is required by USCIS for operations jobs?
USCIS requires the business plan and economic analysis to be supported by revenue estimates and any other relevant data, such as the deflation multiplier and the final demand multiplier. Upon filing the I-526 Petition, the investor must demonstrate how these figures are consistent with other similar projects in the region. Upon filing the I-829 Petition, however, the documentation should prove how the plan came to fruition and how the budget was kept—that the job creation estimate was actually realized.
Evidence of sufficient job creation may include W-2 forms, I-9 forms, and other relevant tax documents.