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How should investors interpret the job creation numbers on the form I-829?

I am preparing my filing for I-829. The EB-5 project I invested in has been completed. The project recruited 100 investors and created 800 direct, indirect and induced jobs. I noticed that on our I-829, the regional center puts 300 to the question “if 10 full-time jobs for qualifying employees have not yet been created, please indicate the number of jobs expected to be created within a reasonable time”. Does this mean the project has created enough jobs to support investors’ removal of condition applications? Will USCIS request further evidence showing the creation of the extra 300 jobs?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Based on the information you provided, it appears that not enough jobs were created, unless not all 100 investors are EB-5 investors since 10 full-time jobs created by 100 investors would equal 1,000 new jobs created. If at the time of filing I-829 you still cannot evidence the requisite jobs created, then USCIS will issued an RFE for explanation and evidence. Unless you can provide evidence of requisite job creation for your EB-5 application, approval is not likely.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Policy allows for additional job creation after I-829 filing. I would hope they included a new economic development report and other evidence of how those 300 were calculated.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The regulations do permit jobs to be created within a reasonable period of time, so it appears your project may still qualify. But it is likely there will be requests for further evidence to prove job creation.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Have an EB-5 immigration attorney represent you with your I-829 filing because I-829s are complex. It appears your project is 200 jobs short since it has 100 investors and each investor must be allocated the minimum of 10 direct, indirect and induced jobs. Depending on the evidence project is submitting with t he I-829, you may have RFE from USCIS regarding job creation.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Unfortunately, the project has created 200 full-time positions less than the minimum required number. If the regional center can provide evidence that the project will be able to create 300 additional jobs within a reasonable time, that should help your case tremendously to avoid an RFE. If not, your attorney would need to be able to demonstrate that out of the 800 jobs that are created, 10 could be allocated to you.

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    Charles Foster

    Immigration Attorney
    Answered on

    When you file your I-829 petition to remove conditions, you must establish that as a result of your investment, 10 full-time jobs were timely created that could be direct or if you made an investment through a regional center, also indirectly and induced jobs. Given the fact that the project had over 100 investors, that would be 1,000 jobs. Thus, those individuals who file I-829 petitions earlier, and had them adjudicated, will be able to get credit for a sufficient number of jobs. Those who are filing at the end of the process may not. Regarding the 300: Yes, USCIS would request further evidence in showing that those jobs have been created.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    You should be represented by a qualified investment immigration attorney. This is a very complex filing that requires someone who has extensive experience with USCIS.

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    Phuong Le

    Immigration Attorney
    Answered on

    Impossible to really say without seeing the actual underlying evidence. Based on what you're describing, though, if they're submitting a projection because the project isn't completed yet. In all likelihood, this will cause a rolling audit from USCIS where they will continue to issue RFEs to ensure enough jobs have been created for all investors.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If 100 investors are in the project, then the project needs 1,000 jobs. It seems they are at least 200 short based on the info you provided. Your attorney will know how to handle this in order to demonstrate that the jobs you need for the I-829 have been created, assuming they have been. Job creation is demonstrated in accordance with the initial BP and econ report.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The project must create 1,000 jobs to allow all of the 100 EB-5 investors to remove the conditions on their permanent residency.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Yes, you have to show that your investment created the 10 required jobs. You should request supporting documents from your regional center showing that your investment created the employment, and in this case, the regional center created the additional 300 jobs. Send the supporting documents with your I-829 for processing.

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