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How are jobs counted in a regional center project that has been delayed for three years?

I have read about how to count jobs for a regional center EB-5 Project, but could you please explain the process further? I have a unique case. I invested through a regional center in late 2014. My I-526 form has been approved and I received my immigrant visa. I intend to move to the United States in October 2017 to get my 2-year green card. However, I have found out recently that there are some problems with my EB-5 project. As I said before, I invested back in 2014, but the project just began construction in 2017. Construction should be complete in 1 more year and will open for business in August 2018. So, I move to the U.S. and receive my 2-year green card set to expire in 2019. When the green card is about to expire and I apply to remove conditions, the business will have been open only for 1 year after having been delayed for 3. How will the jobs be counted?

Answers

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    Answered on

    Regional center projects can count indirect and induced job creation. If the project is based on construction jobs, they generally need to last 2 years. Jobs must be created within a reasonable time at the I-829 stage. If the construction is ongoing, you should likely be ok. I would recommend consulting your immigration attorney or the regional center to discuss the specifics of your case.

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    Answered on

    When it is time for you to file the I-829 to remove conditional permanent residence, you need to show that the requisite jobs have been created. So, if by 2019 the 10 jobs have been created, you should be fine.

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    Answered on

    You should check with the regional center regarding the jobs that need to be in place (remember they can count induced and indirect jobs) as of the time you file your I-829 (21 months after your conditional residence is granted).

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    Answered on

    For the I-829 jobs must be created within a reasonable timeframe. Most jobs will likely be construction jobs and since construction is underway, although delayed, you should be fine.

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