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How can I apply to extend the deadline for job creation during the I-829 stage?

I made a direct investment and started running my own business in the U.S. It has been 21 months since I obtained my conditional green card and I should submit my I-829 application soon. However, for personal reasons I was not able to supervise the business for six months and the performance of the business was not good enough. So far, only nine jobs were created. I was told that an EB-5 investor could submit an application to USCIS and request an extension of the deadline for job creation in an EB-5 JCE. How exactly does this work? What should I do now?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If for any reason you want an extension, your I-829 application must logically present the reason(s) for such a request. Also, any extension request must demonstrates a well-delineated time period when the hiring of the 10th person or more will be accomplished and showing how it is going to be done. A request for an open-ended extension is more than likely to be denied. Advisably, consult an attorney for further guidance and detailed discussion of your facts.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Hire an experienced attorney who will argue your case. But it appears to me that your safest bet would be to hire the additional employee immediately, certainly before filing the I-829.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Best to check with your immigration counsel. You likely should back up the request with an updated business plan.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You cannot apply for an extension but you will need to file your I-829 with a solid explanation on how the remaining position will be created within a reasonable time period. It is highly advisable that you work with an experienced EB-5 immigration attorney to competently argue this and file your I-829 to avoid issues.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no way to file for an extension. However, you may be able to file with detailed/credible information on how you will be able to meet the 10-job creation requirements by the 24th month. The safest bet would be to hire the 10th employee at the time of filing the I-829.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You cannot.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Current policies may still allow you to show that you will create the required jobs. Please consult with an attorney.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You have to show the jobs will be created in a reasonable time. If you have reasons for the delay, explain them. However, my advice is to just hire that 10th employee as soon as possible.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    According to the Policy Manual published June 2017, you have one year to finish creating the necessary jobs.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    No extension needed. Submit as is and address the expected job creation of additional jobs. If you do not already have one, get an attorney who will know how to present this information to USCIS.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    You can't request an extension but you may have a solid argument that the jobs will be created within a reasonable period of time, which may be sufficient here. Best to consult with an experienced attorney in this area to come up with an overall strategy here.

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