+1-800-997-1228
Questions & Answers

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

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

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

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    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.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    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.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    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.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    This is risky.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    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.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.