How does USCIS verify EB-5 jobs were created within a reasonable time period?

If the USCIS does not receive evidence of sufficient job creation with the I-829 petition, it will either issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID or ITD) and request such evidence. Since it is the petitioner&#39s burden to establish the job creation by a preponderance of the evidence, it would make sense to give the USCIS a "heads up" if it is clear that the job creation requirement has not been met at the time of I-829 filing and that it is likely to be met within a reasonable period of time (within one year) and the reasons/evidence therefor. The USCIS should approve the I-829 petition if the evidence shows that the job creation is more likely than not to occur within the year. They will not need to keep the petition open in order to verify that the jobs were actually created. If the I-829 petition is denied, then the investor has the option to appeal, to file a motion to reopen/reconsider, or to raise the I-829 issues again in removal proceedings before an immigration judge.

If you are speaking of regional center jobs which include indirect jobs then the USCIS cannot calculate them at the time of the I-829. If they have accepted the business plan that included an econometric study showing the jobs would be created then there is no way for them to look back. If all the other aspects of the project have proceeded correctly then the I-829 should be accepted. Direct jobs are a different matter as you would have to produce W-2s. You would need a valid explanation as to why they were not produced and an equally valid projection as to when they would materialize.

This moves into the issue of "substantial compliance," where if the data shown in the I-829 would make it reasonable that the jobs would be created in that next year, the I-829 is approved.