How will my I-829 removal of conditions process get affected by the failure of one of my direct EB-5 project locations? - EB5Investors.com

How will my I-829 removal of conditions process get affected by the failure of one of my direct EB-5 project locations?

I applied for removal of conditions on I-829 1,5 years ago through a direct EB-5 investment project with two cafe locations that met the conditions at the time of filing. Unfortunately, one of the locations will be closed due to non-viability. Will this impact the removal of my conditions now? If yes, what should I do?

Answers

Sunwook Sunny An

Sunwook Sunny An

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Answered on

USCIS Policy Manual Volume 6, Part G, Chapter 7,B Evidence of Job Creation specifically provides that once the jobs are created, they are considered created even if they do not exist at the time of removal of condition adjudication. In making the determination as to whether or not the immigrant investor has created the requisite number of jobs, USCIS does not require that the jobs still be in existence at the time of the petition to remove conditions adjudication in order to be credited to the investor. Instead, 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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

If the requisite number of jobs have been created you are okay, otherwise need to add employees.

Lynne Feldman

Lynne Feldman

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Answered on

You need to check with the project and see if your money was invested and the jobs created.

Stephen Berman

Stephen Berman

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Answered on

If you have still created 10 new jobs, it should be no problem.

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