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How can a direct investor justify the job creation?

What documentation do I need to prove that I have met the requirements of I-829? A W-2? Offer letter? Do I need to justify the necessity of jobs, for instance, to prove I indeed need four salespersons instead of three?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need to show 10 full-time U.S. workers by using W-2s, Form 941 tax returns and payroll records.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you are at the point of filing the I-829, your documentation of the jobs created should have been diligently preserved through the hiring records, W-2s and other payroll-related information, just to name a few. There is no need for justifying the jobs.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    In an I-829 petition filing, you should include I-9 documents and W-2s for your employees. Also, copies of the U.S. passports, U.S. permanent resident cards or other appropriate supporting documents of the company's employees should be included in the I-829 petition filing. You do not need to show the necessity of the jobs.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can show evidence of job creation by submitting W-2s, I-9s, payroll statements, etc. No need to justify why you have the number of employees you have as long as you are able to sustain their employment.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    USCIS has been demanding W-2s and I-9s for the employees you have hired and maintained as well as the payroll taxes paid, etc. As to justification of how many salespersons are needed, you should follow the business plan you have submitted in I-526 and update with the business projections. As long as you have met the minimum number of jobs (10 full-time, permanent jobs), the fact that you employed four salespersons instead of three you thought you need should not be considered material change of the business.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You do not need to "justify" created positions. Your revenues, business structure, etc., will do that. You should offer I9s, W2s, quarterly wage reports and timesheets (if applicable). Your attorney will guide you and make sure your documents meet the requirements.

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    Charles Foster

    Immigration Attorney
    Answered on

    For a direct investment one must show that they created at least 10 full-time jobs for U.S. workers over a two-year period. In order to establish same, typically you would show the W-4, which would list all of your employees for which W-2s were issued. You would also show evidence of their U.S. citizenship, such as a copy of the pertinent pages from their U.S. passport. Typically you do not need to justify the necessity of a particular employee; if you decide you need four salespeople rather than three, that would be your business. However, again, you would have to show that those jobs were maintained over a two-year period for which the employees were compensated.

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