Florida Immigration Attorneys

Tenant Occupancy Employment Creation (EB-5)

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 commercial enterprise.

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.

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