Questions & Answers

How does USCIS verify regional center project job creation at the I-829 stage?

A regional center EB-5 project will be using the expenditure/revenue model in its economic analysis. Let''s say there are 50 direct jobs, 20 indirect jobs, and 10 induced jobs in the "Operational" job category calculations. During the I-829 stage, will USCIS still want to see evidence (such as W-2s) verifying the 50 direct jobs or would the evidence of actual expenditure/revenue be sufficient? How does USCIS verify regional center project job creation during the I-829 stage?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on October 21, 2014

  In its I-829 adjudication, USCIS must verify the inputs from the economic model and business plan. It is the investor''s responsibility to provide evidence that the inputs anticipated in the business plan (BP) and economic analysis (EA) report actually occurred. Therefore, in your example, if the EA model relied solely upon expenditures, then no W-2 information about direct jobs would be required. However, if the EA relied upon both direct jobs AND expenditures, then evidence of both would be required. At the I-526 stage, the BP and EA made a prediction/promise, based upon assumed inputs being factored into a multiplier model. Without proof that the actual input numbers were realized (two to three years later at the I-829 stage), there is no credit given to the model that was used to calculate indirect jobs.

• Salvatore Picataggio

  Immigration Attorney

  Answered on October 16, 2014

  The job creation report submitted with the I-526 is based on costs and expenditures, the geographic location, many other things that economists understand better than I do, and an economic model to create a number of jobs expected to be created. At the I-829 stage, the project shows what those expenditures were actually made with, and also payroll records and other documentation. Please consult with an EB-5 attorney to assist you with preparing and filing the petition and supporting documentation.

• Ed Beshara

  Immigration Attorney

  Answered on October 15, 2014

  At the I-829 stage an experienced EB-5 economist will play an important role in providing the required information and documentation to clearly show the job creation. In a regional center EB-5 project the required jobs are shown by indirect methodologies, and the W-2 and I-9 documents do not have to be shown.

• Karen-Lee Pollak

  Immigration Attorney

  Answered on October 15, 2014

  USCIS wants to see payroll records, W-2 forms, quarterly employee tax records, employee rosters or schedules, and payroll records.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on October 15, 2014

  A detailed answer is probably beyond this post. However, bear in mind that the USCIS indeed will painstakingly go through the information submitted to verify that all information that needed to be provided is and that your I-829 is well-documented. Hypothetical or not, I believe this question may be addressing a set of specific questions of a Request for Further Evidence (RFE). If so, your answers should be tailored to the RFE at hand. If not, approach it and treat it like you would treat an RFE.

• John J Downey

  Immigration Attorney

  Answered on October 15, 2014

  The W-2s would be the best evidence. The examiner may request it in an RFE if you do not provide it with the I-829 stage. You should at least be prepared to offer a reason why you did not submit them.