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What evidence is needed to prove job creation when filling Form I-526?

When filling Form I-526, I read that you need to provide either a comprehensive business plan, OR evidence of having hired 10 employees. It seems easier to create the ten jobs and provide evidence of hired employees, rather than trying to create a business plan suitable to USCIS policies. Is a business plan required? Does USCIS process the I-526 application more quickly if the jobs have already been created? When filling Form I-526, what evidence should I provide to prove that employees were hired?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The I-526 petition should include the comprehensive business plan and the economic report (especially in a regional center project) to show how the required jobs will be created within 2.5 years after the I-526 petition is approved.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A comprehensive business plan is still a requirement in addition to proof of employment creation. Jobs need to be maintained at least through the I-829 adjudication process.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A comprehensive business plan will be required even if your NCE has created the 10 jobs at the time the I-526 is filed. The reason why is because you need to prove that the business is viable and can sustain the employment at least until the I-829 is adjudicated. The business plan is crucial to the I-526. As for evidence to prove the employees were hired, typically you would provide I-9 forms, and back up documentation, payroll records, tax records to prove the number of employees and that the employees are full-time and qualifying.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A business plan is indeed required for any I-526 Petition. Job creation can be forecasted using certain economic models.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    At the I-526 stage, it is not required to show the ten jobs have already been created. But if it happens, it certainly emboldens your intention on the job creation. Typical evidence on job creation includes Form I-9, Form W-2, payroll record and/or proof of employees'' identity such as passport, etc. Unlike what you thought, a comprehensive business plan would still be required even with evidence of job creation. First, it is required by the regulations. Second, please note even if the positions are created at pre-I-526 stage, the positions need to be maintained throughout the process, until at least by the I-829 filing. In addition, USCIS needs to know how you plan to expend the $500,000 investment. Both need to be addressed in great detail in the business plan.

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    John J Downey

    Immigration Attorney
    Answered on

    I agree that is what it says, but I have never seen a petition go through without a business plan.

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    Wilka Toppins

    Immigration Attorney
    Answered on

    I recommend that you always file a comprehensive business plan even if you have created the 10 required jobs at the time of the I-526. The business plans helps explain to USCIS how you plan to maintain the 10 required jobs through the period of conditional residency once approved. If you have the 10 required jobs - I suggest you present a table summarizing the employees name, date of hire, title, area of responsibility, salary and citizenship or immigration status. Remember that folks on NIV visas do not count, as well as the investor and his immediate family. Only U.S. citizens, LPRs and folks with certain employment authorization such as asylum beneficiaries. Please make sure that you also include payroll records such as W2''s, I-9 Forms, IRS 941 Forms (employment taxes) and any other possible evidence of employment.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    A business plan is the usual way, along with economic data if indirect jobs are being counted.

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    Ian E Scott

    Immigration Attorney
    Answered on

    When filing an I-526 EB-5 petition, you have to provide proof that you will create 10 full-time jobs within a two year period. If you start a company, this is usually a business plan that shows job creation over a two year period. The business plan must be credible.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    USCIS will want to see the business plan to make sure that the business is sound and the jobs you created are sustainable for several years, or at least until I-829 is adjudicated. Creating jobs is not a replacement for submitting a business plan.

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