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What is the official timeline for meeting all EB-5 requirements?

In the twenty-four-month period between applying and having restrictions removed, is there a deadline for jobs to be created? If the project takes 12 months and you initially hire 5 people with a plan to hire more as you expand, is that acceptable for the EB-5 program? Or could you employ 10 people in the 20th month and fulfill the requirement? Thanks.

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You should be able to show 10 full-time jobs were created when you file the I-829 petition. There are some cases where you may be able to show jobs will be created within a reasonable time of filing, but it is recommended to have job creation set before filing.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You have 2 years after the approval of the I-526 to create jobs. Your business plan should have a timeline for job creation.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you must hire 10 full-time "United States workers", as that term is defined. They must be U.S. citizens, lawful permanent residents or so-called "green card" holders. If it is a direct EB-5 investment and you have evidence of their employment, you have close to five years to create 10 full-time jobs if you take into account the time your status is pending until you file to remove conditions.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    By law, you have up to 2 years after the approval of your I-526 to create the required 10 jobs.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This has never been clearly answered. Hiring 5 workers a few months before the deadline can look suspicious but, most importantly, is this in line with your original business plan? If not, explain why. It usually comes down to compliance with your original business plan and USCIS will usually react reasonably if you explain why the process differed from the original business plan. However, do not try to be tricky with them. Be direct and honest.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Within the two years after obtaining conditional permanent resident status, the immigrant investor must sustain the investment and that investment must create or be expected to create within a reasonable period of time ten full-time jobs to qualifying employees. Other than that, the EB-5 project must conform to the other EB-5 Program requirements. If these requirements are satisfied, the conditions will be removed and the immigrant investor will become an unconditional, lawful permanent resident. In your scenario, you could apply for the I-829 with having less than 10 jobs actually created, but only if you have a solid plan to continue creating jobs. Since I-829 processing is taking about 20 months nowadays, if you create 7 jobs when you file the I-829 and then add another 3 jobs within that 20 months of processing time, you should be able to get your conditions removed. Please consult with your immigration lawyer to craft an approvable I-829.

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    Stephen Berman

    Immigration Attorney
    Answered on

    After you get the conditional green card, you have two years to create the 10 jobs.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The investor must show that 10 jobs were created/maintained when filing for the I-829 removal of the condition of permanent residence. The jobs must be created anytime within the 2 years of I-526 approval.

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