EB-5 Q&A: When can relocated employees be counted towards the EB-5 requirement?



The employees can be counted if the new location meets the criteria of a “new enterprise.”  Every qualifying investment in a new enterprise must create 10 new full time positions.  Expansion of an existing business can qualify as a “new enterprise” provided the investment increases the employees by 40%.  If employees transferred from Texas to Los Angeles, they would not be counted as original employees and would not be included in the 40% increase and would not be counted as one of the ten position to be created in the “new enterprise.”