The invoice alone does not establish qualifying direct employment. The worker relationship and applicable job method must be assessed.
Ask what the project is counting
A Killarney investor should identify whether the proposal relies on direct employees or a regional-centre methodology. Do not assume every person working on a project is a direct qualifying employee of the enterprise.
A reduced qualifying amount depends on the investment falling within a targeted employment area or a qualifying infrastructure category as currently defined, and that is a factual question about a specific location under current rules. Confirm three things independently and in writing: the capital figure applicable to the intended filing, the basis on which any lower threshold is claimed, and whether the petition will be a standalone or a regional center filing, since the job-creation evidence differs between them. For a targeted employment area claim, the basis is usually a designation resting on identified statistical data for a defined area; for an infrastructure claim, it is the statutory description applied to the project's actual contracting arrangements with a governmental entity.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Form I-829
- Current EB5 statute
- Direct employee and full-time definitions, not obsolete capital figures
- USCIS I829 instructions