Full-time employment

A qualifying employee joining a new position at a commercial enterprise, requires a weekly minimum of 35 working hours. ‘Full-time employment’, in reference to the Investor Pilot Program, is employment that, through revenues generated from increased exports directly attributed to the Pilot Program, creates a position for a qualifying employee with a requirement of 35 working hours minimum per week. Where two or more qualifying employees agree to a job-sharing arrangement to share a full-time position, this shall count as full-time employment as long as the weekly hours-worked requirements are met. Part-time positions shall not be included in this definition when a combination of hours worked falls within weekly hours-worked requirements are met. According to the most recent statutory amendment, a clarification of ‘full-time’ is denoted by ‘employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.’ According to this concept, the quantity of work performed is effectively prioritized over the worker’s overall performance.

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in February 2022, and continues to work with international families that want to explore alternative residency options.

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