At its core, the EB-5 Immigrant Investor Program was designed to do one thing: stimulate the US economy through job creation. In return, investors and their families would gain a path to permanent residency in the United States.
To qualify for a Green Card, each investor must help create at least 10 full-time jobs for US workers. Meeting this requirement is what ultimately allows investors to remove conditions on their residency and secure long-term status in the country. But how jobs are counted — and which types of jobs qualify — can be complex.
From Construction Sites to Long-Term Careers
A frequent question for EB-5 investors is whether construction jobs count toward the 10-job requirement. The answer is yes — under certain conditions. For large-scale development projects, construction jobs can be included if the project lasts at least two years. This rule, first introduced after the 2008 financial crisis to support the stalled construction sector, remains in place today and has allowed EB-5 capital to fuel major real estate, infrastructure, and industrial projects across the country.
However, only full-time positions are eligible. That means that each qualifying job must be at least 35 hours per week and cannot be seasonal or temporary. These rules ensure that EB-5 investments create real, lasting opportunities for American workers.
Direct, Indirect, and Induced Jobs
Investors who put money directly into a new business must show evidence of direct job creation — for example, payroll records for employees hired at a restaurant, hotel, or manufacturing plant.
By contrast, investors who participate through a regional center — the option most families choose — can count not only direct jobs but also indirect and induced jobs. “Indirect” jobs are created within the supply chain, such as the workers at a company providing materials for a construction project. “Induced” jobs are created in the wider community as new employees spend their wages — think of extra staff hired at a local restaurant to serve construction crews.
Since the passage of the EB-5 Reform and Integrity Act of 2022, regional center investors must still show that each project creates at least one direct job per investor. The remaining nine required jobs may be counted as indirect or induced. This safeguard ensures that EB-5 projects continue to generate tangible employment while still recognizing the broader economic impact of large-scale development.
This broader job-counting method is a major advantage of the regional center program, since most large development projects easily generate hundreds or even thousands of indirect and induced jobs.
How USCIS Verifies Job Creation
Proving job creation depends on the type of investment. For direct jobs, investors must show concrete evidence such as W-2 forms or payroll records. For regional center investments, job creation is measured using economic models approved by USCIS, such as RIMS II (Regional Input-Output Modeling System), IMPLAN, or REMI. These models use detailed data to project the number of jobs supported by the spending associated with an EB-5 project.
In addition to these models, third-party experts provide reports at both the business plan stage and during project construction to confirm job creation estimates. These independent analyses give USCIS and investors confidence that the project will meet — and often exceed — the 10-jobs-per-investor threshold.
For example, if $200 million is spent on a construction project, a RIMS II analysis can demonstrate how that expenditure translates into direct construction jobs, additional supplier jobs, and service jobs in the surrounding community. These econometric reports are a standard part of EB-5 compliance and are carefully reviewed when investors file Form I-829 to remove the conditions on their Green Cards.
Common Pitfalls and Disqualified Jobs
Unfortunately, not every position created can be counted. Jobs that are seasonal, part-time, or filled by workers who are not authorized to work in the US will not qualify. This makes careful project selection — and strong oversight from the regional center — critical to ensure compliance with EB-5 requirements.
Why Regional Centers Provide an Advantage
Regional centers remain the most popular route for EB-5 investors because they maximize flexibility in counting jobs. A single real estate project might generate only 50 direct jobs but support hundreds more indirectly. With indirect and induced jobs factored in, the project can often accommodate dozens of investors rather than just a handful, making the immigration process more reliable for everyone involved.
Well-run regional centers also provide detailed, USCIS-compliant economic reports that anticipate potential challenges and give investors confidence that job creation requirements will be met.
Final Thoughts
Job creation is more than a box to check in the EB-5 process — it’s the cornerstone of the program and the reason it has been a consistent driver of economic growth across the United States. By understanding how jobs are counted and verified, investors can make informed decisions, avoid pitfalls, and ensure their capital works not only toward securing a Green Card but also toward building sustainable economic impact.
