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How does USCIS verify that EB-5 jobs will be created?

In an EB-5-compliant, Matter-of-Ho-written, I-924 Actual, I-526 Exemplar Business Model, what document certifies that the jobs stated to be created will actually be created? What is the USCIS adjudicator going to look for? Is there a legal document that can be produced that states that the number of jobs will be created if the EB-5 regional center is approved?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    For indirect jobs it is usually expenditure of revenue, but direct jobs it is W-2s, etc.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    A business plan is typically all that is used, along with econometric models showing the likelihood of jobs being created. At the I-829 stage they will want to see W-2s, I-9s, etc. showing the jobs were in fact created.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    For the regional center program, which counts indirect jobs, USCIS will see if the funds were spent in the manner in which was proposed at the time of filing the I-526 (matching the business plan and economic report). For a direct investment, payroll records and W-2 forms will be submitted.

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    John J Downey

    Immigration Attorney
    Answered on

    In the case of a regional center, both direct and indirect jobs are listed. The job count comes from an economic analysis done by a professional firm. If the plan is accepted by USCIS, then they assent to the job creation.

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    Yevgeny Samokhleb

    Immigration Attorney
    Answered on

    An EB-5 project must be supported by a professionally written comprehensive business plan that includes a description and plan for positions that the project will directly hire, a market analysis that shows that the project can succeed in the relevant industry, and financial projections to support the feasibility of the hiring expenses. An independent project appraisal or feasibility report may also be helpful. A project that intends to rely on indirect job creation must also submit an economic impact report that shows and explains the relevant calculations used to make the job projections.

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