What happens if a regional center changes its job verification method? - EB5Investors.com

What happens if a regional center changes its job verification method?

I have a potential EB-5 business investment for which an IMPLAN economic analysis was conducted. The business wants to change the way jobs are reported from the revenue model in the study to counting jobs directly through W-2 forms. Does this seem feasible? Have there been any cases where a regional center has submitted an I-526 that uses W-2 forms as a way of calculating direct jobs, and at the same time used just the indirect/induced job calculations from an IMPLAN study for the same project?

Answers

Ed Beshara

Ed Beshara

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Based upon recent EB-5 policy determinations, as long as the required jobs have been created at the I-829 stage, then the I-829 will be approved. That is, changes in job creation methodology, whether it is IMPLAN or direct employment creation, should not be an issue.

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The concept of material change is still a bit murky, but regional centers can count direct, indirect and induced jobs using acceptable methodology, including IMPLAN. Changes to the economic methodology can be made through amendments or even other I-526 filings. At the I-829 stage, the actual counting of the jobs may not amount to a material change.

James Wolf

James Wolf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It is acceptable to change the method of showing job creation, but the USCIS will question why the regional center/project wants to do so. A project may be doing so well that it has at least 10 direct full time jobs per EB-5 investor, so it does not need to count indirect jobs. On the other hand, the change may reflect some underlying change in the project''s financial or operating structure. The main - perhaps only - reason a project will associate with a regional center is to use indirect job counting. It is unusual for a regional center project to switch from indirect to direct job counting. Before proceeding, the investor should perform some due diligence to understand the change in job creation methodology.

John J Downey

John J Downey

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

I do not see a problem with it. Proving direct jobs through W-2''s is the preferred way from the USCIS viewpoint.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.