When does the job creation time line start for direct EB-5 investment projects? - EB5Investors.com

When does the job creation time line start for direct EB-5 investment projects?

When does the job creation time frame start: at the I-526 approval or when the Conditional Residence is granted? If job creation requirement starts from I-526 approval, is there any possibility a Chinese Immigrant can set foot in the U.S. before the period expires? Is it a reasonable expectation from USCIS to ask for jobs created before admission?

Now with COVID, the entry from most countries is delayed in some case more than a year. How is USCIS fairly and reasonably going to treat this?

How will investor participate in a direct EB-5 business without being present in the U.S. or having valid status to do so?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

The USCIS is not concerned about practicalities of entering the U.S. in order to hire; the USCIS takes the position you can hire a manager who can hire and supervise staff. As a practical matter, one must create jobs in accordance with the timing outlined in the credible business plan. Generally, the jobs only have to be created by the time the I-829 removal of conditions is filed.

Phuong Le

Phuong Le

Immigration Attorneys
Answered on

Jobs generally should be created within 2.5 years of 526 approval, unless you have some extenuating circumstances.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

In order to receive an I-526 approval, generally, your business plan must project the creation of the required number of full-time positions within two-and-half years from the date your I-526 was filed. This "rule" was developed by USCIS, which estimated six months of I-526 processing time (and NVC/IVP or AOS processing time), which is completely unrealistic. The regulations require filing of Form I-829 within the last three months of the conditional period during which the required full-time positions should actually have been created. In the case of a Chinese investor, the dates for filing/approval of the I-526 petition could be several, if not many, years before the conditional period starts. For example, the conditional two-year period for a China-born EB-5 investor filing his or her I-526 in 2015 or later has not even started yet.

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