I need to show that I have the 10 full time employees for EB-5, what qualifies as full time according to USCIS? I currently have 20 employees and they all work 30 hours a week. What paperwork do I need for each employee?
A minimum of 35 hours per week is required to qualify as a full time job. You will need to show that the jobs are occupied by U.S citizens, legal permanent residents, asylees and or refugees. W-2, I-9s, tax reports, payroll documents and income statements are some of the documents you may file to support your claim.
The qualifying full time employees under EB-5 program must work a minimum of 35 hours per week. Based on your facts, I do not believe that your employees qualify as full-time employees for the job creating entity. If you are not due for filing your I-829 petition, you should increase their work hours to more than 35 hours per week. If they do qualify as full time employees,the followings are some examples of evidence supporting job creation (this list is not exhaustive depending on the type of the job creating entity) : 1. Job creation entity''s organizational chart, naming all officers and employees; 2. Comprehensive business plan reflecting employee hiring plan/timeline for employees within two years; 3. Detailed list of each employee''s job title and duties; 4. Employee payroll records; 5. Employer''s IRS Form 941; 6. W-2''s issued to employees; 7. Completed I-9 for hired employees; 8. Quarterly Wage and Hour Reports to the State; and 9. Proof of employees'' U.S. citizenship or permanent residence, such as U.S. passport biographic page or copy of employee''s green card
It seems that you have invested directly in your own business and hence, you are required to show that as a result of the EB-5 investment there have been 10 full time employees created. You will have to show each of the employees are working more than 30 hours per week for them to be full time and you will have to prove each employee is either an American citizen or U.S. permanent resident.
You must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor''s admission to the United States as a Conditional Permanent Resident. A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any non immigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States. Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. Your employees only work 30 hours per week, therefore, they cannot be counted as full time employee, unless there is a proper job sharing arrangement.
You will need W-2''s and Quarterly tax reports. Is 30 hours per week considered full-time in your industry? The jobs must be full-time and all employees must be legally authorized to work permanently so you will need to show I-9''s and proof of status.
The jobs must be full-time (at least 35 hours per week). If you have two part-time employees job sharing a full-time position, that should count as one full-time job. You will need payroll and time records, quarterly wage reports, and I-9 forms with supporting documentation. You should consult with an experienced EB-5 immigration attorney to advise on this matter so that your case is presented properly.
Full time is 35 hours a week. You will need quarterly tax returns and I-9s for each employee showing the payment of wages on a full time basis and confirmation that each is a U.S. citizen or lawful permanent resident.