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FERLAND-ET-BOILLEAU · EB-5 FIELD GUIDE

Can a Ferland-et-Boilleau investor use the same job report unchanged for both investment options?

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THE DIRECT ANSWER

The report must fit the permitted methodology and actual case facts.

Check the legal basis of the calculation

Identify what the report counts and why those jobs can support the selected structure. Do not assume that a professional-looking regional model proves direct qualifying employment in a different enterprise.

Ask the report to identify each job category, hours, employer, creation period, data source, assumptions, and legal methodology. A direct investment generally must document qualifying employment through the new commercial enterprise, whereas a regional-center case may rely on permitted indirect-job economic analysis tied to the approved project. Confirm that the selected model supports ten full-time positions for qualifying US workers per investor; each full-time position generally requires 35 or more working hours per week, while neither the investor nor derivative relatives may be counted. The petition package should also match the form to the structure—Form I-526 for direct investment or Form I-526E for a regional-center investment—and include lawful source and path plus at-risk capital evidence. Copying a polished model without testing its inputs is the common failure. Form I-829 must be filed within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status.

Hypothetical example: A metal-fabrication plant proposed by a Ferland-et-Boilleau investor plans direct hiring. Its economist removes regional multiplier assumptions, while the business records identify actual welder, machinist, and administrative positions, weekly hours, hiring dates, and payroll support consistent with the direct enterprise.