Employment creation visas (EB-5) in regional center cases based on tenant
occupancy models one must demonstrate that the claimed jobs result, either
directly or stemming from, the economic activity of the EB-5 commercial
enterprise. Re-located jobs do not count. Economically and statistically
valid forecasting tools are acceptable methods to prove indirect job creation.
The petition must project the number of newly created jobs that would
not have been created otherwise but for the economic activity of the EB-5
CIS when adjudicating petitions for EB-5 considers the
verifiable detail evidence
and the overall
methodology reasonableness. To receive credit for tenant jobs present evidence backed by reasonable
methods that show a specific amount of direct, imputed, or subsidized
investment to such new jobs.
When using a facilitation-based approach an equity or direct financial
connection between the EB-5 capital investment and the employees of prospective
tenants is not required. Here job credit depends on the extent that economic
benefits provided by a specific space project remove a significant market-based
constraint. A demonstration of how a specific space project corrects market
imperfections generating net new labor demand and income resulting in
a specific number of prospective tenant jobs located in that space is needed.
In high unemployment areas establish the project will fill an existing
investment void generating new demand for the tenant business. Prospective
tenant jobs demonstrated by reasonable methods and supported by verifiable
evidence may be used to establish the number of direct or indirect jobs
that may be created.