Are there constraints on the kinds of job-calculation methodologies that can be used for RC-based EB-5 projects?
Pursuant to EB-5 regulations, any “reasonable” methodology may be used to calculate direct, indirect and induced job-creation resulting from investment, but according to recent USCIS guidance memos, including the Neufeld guidance memo of June 17, 2009, the methodology utilized by the RC Program should contain the time-frame before expiration of which the requisite jobs are supposed to be created. Therefore, the requisite jobs cannot be created 4 or 5 years down the road. It is strongly recommended that the Neufeld memo be reviewed for details. See www.eb-5center.com/node/382.
