I filed an I-829 after making a direct investment in a restaurant business. I recently received an RFE requesting additional evidence of job creation and qualifying employees. The RFE also requested Form I-9 and additional job share agreements. I can provide additional employees and hours worked that meet the required 10 full-time job creation, but I do not have some of the Form I-9s and job share agreements. Would payroll records, W-2s, and Virginia Employment Commission filing records that contain the employee’s name and SSN satisfy the required proof?
Answers
Lynne Feldman
EB-5 Immigration attorneysEvery employer is required to have I-9’s on their employees so you should discuss this with counsel.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIf evidence is unavailable, you can use secondary evidence. In this case, I would strongly recommend to get the I-9s. As employer, you are required to keep I-9s in your records. If any of them get lost or destroyed, you may complete the new ones with a proper annotation in the Additional Information section.
Tony W. Wong
EB-5 Immigration attorneysWith the SSN, you may try to do your own E-Verify to verify the employees' lawful status in the U.S. For two employees sharing one full-time position, it not only depends on the same position, but also it needs to show time sharing for two employees share on full-time position, that is, for example, you need to show one employee works in the morning and the other works in the afternoon to fulfill one full-time position, not only showing that two employees work for a total of at least 7 hours a day.
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