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What options are available to someone who has invested in their own EB-5 project and is struggling to create the required jobs?

I’m an investor overseeing my own investment project and I have already received my conditional permanent residency. It is almost time for me to file my I-829 application. However, I have not met the requirement of creating 10 US full-time jobs as of yet. Is it possible to get an extension on meeting the job creation requirements and what will happen to my conditional permanent residency if I do not meet the requirements within the two year time period? What options might I consider?

Answers

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    Lei Jiang

    Immigration Attorney
    Answered on

    You need to hire an EB-5 attorney immediately. S/he might be able to get an extension based on a solid projection of job creation in a reasonable time frame.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An investor in your situation should seek immigration advice immediately from an experienced EB-5 attorney. If the jobs cannot be created within the two-year time frame or within a reasonable period of time thereafter, your I-829 will be subject to denial, your conditional green card cancelled, and you could be placed into removal proceedings. You need to hire at attorney as soon as possible to preserve and protect your rights.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Current USCIS EB-5 policy states that, at the I-829 stage, you must show evidence that the commercial enterprise created or can be expected to create, within a reasonable time, 10 full-time jobs for qualifying employees. The "can be expected to create" portion is key here, but you will probably need solid, credible projections, evidence, and statements to show you will actually be able to do this.

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    Ying Lu

    Immigration Attorney
    Answered on

    If the jobs have not been created within two years after you became a conditional resident, you may still be able to get extra time to fulfill the job creation requirement if you have a legitimate reason to explain why the jobs have not been created, how you plan to create the jobs, and the timeline. If you fail to create the jobs, your I-829 will be denied and you will be placed in the removal procedure.

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    Walter Gindin

    Immigration Attorney
    Answered on

    There are no extensions of time for meeting the job-creation requirements, per se. If you have not satisfied the job-creation requirements by the time you file your I-829 petition, the regulations require that you submit documentary evidence establishing that it is more likely than not that the jobs can be expected to be created within a reasonable time. USCIS policy dictates that, because the law contemplates two years as the baseline expected period in which job creation will take place, jobs that can be expected to be created within one year of the two-year anniversary of the admission of an alien as a conditional permanent resident or adjustment to conditional permanent residence may generally be considered to be created within a reasonable period of time. In other words, you have to show a likelihood that sufficient jobs will be created within one year of the expiration of your green card. This is a prospective evidentiary showing, and so there should be a reasonable basis for projecting the future job-creation.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You cannot get an extension of time to create the jobs under current law. Your other options depend on many factors for which you should see a lawyer.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    There are no extensions. Go ahead and hire the people or you will likely lose your green card.

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    Ed Beshara

    Immigration Attorney
    Answered on

    First, seek the services of an experienced EB-5 immigration attorney. There is a possibility you may be able to show, in the I-829 filing, substantial compliance that the required jobs will be created within a reasonable time. The reasonable time may be less than a year. On this basis your I-829 may be approved.

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