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What are the requirements after two years for the 10 jobs created?

I am looking to get my green card through the EB-5 program. I have not decided whether to open my own business or select a regional center. In both cases, what happens after having created the 10 jobs within the two years? What are the requirements to maintain those jobs and for how long after?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The jobs must be created within the two-year conditional period (or within a reasonable period of time thereafter) and maintained until the I-829 petition is approved and the condition is removed.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Based upon EB-5 policy the investment and jobs have to be sustained until the I-829 petition to remove the conditions of the residency are approved. In addition, the security offering documents will clarify the exit.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The jobs need to be permanent and full-time. This usually means that they last beyond the two year period of conditional permanent residency. After those two years, you file to remove the conditions by proving the jobs were created (for a direct project) or that the expenditures of EB-5 funds were made according to the economic impact report (for a regional center project).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The jobs should be in place by the time you file the I-829 two years after the I-526 is approved, which is approximately a year after the initial filing. There should be an expectation of permanency in the jobs but no specific requirement on how long you need to maintain each one.

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    John J Downey

    Immigration Attorney
    Answered on

    The requirement is to create 10 full-time jobs during the two year period of conditional residency. Once that is accomplished there is no requirement for continued employment.

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    Michael A Harris

    Immigration Attorney
    Answered on

    If you gain approval based on already creating the 10 jobs in a direct project, then you will need to maintain what you set out to do in your business plan. That is the 10 jobs were for qualifying employees, full-time (at least 35 hours a week), lasting at least two years. In the regional center context, it can be different depending on the project. Essentially, a regional center project will need to follow the course set by the business plan and meet its job creation goals. Regional centers are allowed to create jobs indirectly (some, under the current law, can rely solely on indirect job creation). With indirect job creation, for example, the project will then need to show that the total expenditure required of the project to meet the forecasted jobs was spent. So, while owning your own direct EB-5 business will require you to produce the payroll and I-9 records, a regional center project may only need to show the proof of expenditures and other data at the final I-829 stage.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    In order to remove the condition of your green card after two years, you must show that the requisite number of jobs were created and maintained by providing the W-2s and I-9s if you have done the direct EB-5 case. If you do the EB-5 case through a regional center, you also must show that the requisite number of jobs were created at the time your I-829 is being adjudicated based on the economic model for job creation that the regional center promised in the I-526 stage.

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    Ian E Scott

    Immigration Attorney
    Answered on

    After the unconditional green card is issued you do not have any obligation to maintain the jobs BUT the plan should not be to hire just to get the green card and then fire the workers as this could have implications when you apply for future immigration benefits. If however, business changes and you decided to lay off two employees as a result after the two years, that would not have any impact.

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