Do I have to maintain the jobs created when I-829 is pending? - EB5Investors.com

Do I have to maintain the jobs created when I-829 is pending?

If I have fulfilled the job creation requirements of EB-5 during the 2-year conditional residency and filed my I-829 application, do I need to maintain the 10 jobs when I-829 is pending? Can I change business plans, restructure organization or even reduce the number of employees while waiting for the process of I-829?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

If there is any question about whether an adequate number of jobs have been created within the required period, then it is good to have the same business plan and business structure since arguably you can still correct any deficiencies. However, the job creation requirement is met if the investor can show that at least 10 full-time jobs for qualifying employees were created by the new commercial enterprise as a result of his or her investment and such jobs were considered to be permanent jobs when created.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

This is risky.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Although it is best to maintain employment while your I-829 is pending, it is not a requirement. The requirement is that your new commercial enterprise created at least 10 fulltime positions during the two-year conditional period. Also, if you make a change to the business plan or business structure, it should not be considered a material change if the change occurred after the sustainment period (two years of conditional residence). You also must sustain your investment during this period.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

It is advisable the jobs should be maintained throughout the period I-829 is being processed. Also, at all costs avoid material changes to business plans, restructuring and even the number of employees as there may be one or two Requests For Evidence (RFEs) raising questions and issues about the project/business. If your original business organization/project is so indiscernible you may have problems presenting a coherent answer about your compliance with the EB-5 requirements.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Do you have to? USCIS has stated that your obligations pretty much end once you file the I-829, but scrutiny and site visits have also increased. If you can keep things as-is through approval, try that.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Until the application is approved, one should maintain the jobs created or risk a denial.

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