If I have tenants in my project business who will be creating their own businesses, can I count those jobs towards qualifying EB-5 job creation?
Answers
This is referred to as 'tenant occupancy' in EB-5. While this is allowable, there are several hurdles that must be jumped in order to qualify for this kind of job claim and there is often some back-and-forth with USCIS before they will allow it. For example one must be able to demonstrate that the tenant business is not moving jibs from another location. For a complete overview of tenant occupancy requirements have a look at the Guidance Memorandum issued by USCIS on December of 2012: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Interim%20EB-5%20Tenant-Occupancy%20GM.pdf.
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