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Will laying off employees in an EB-5 project impact I-526 processing?

We have a direct EB-5 investment business in the U.S. and have 8-10 employees on the payroll. Due to the recent COVID-19 situation, we may have to lay off some employees. Will this affect our I-526 approval?

Answers

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    It will not affect your I-526 approval. You need to meet the job creation regulations in time for the I-829 filing.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    No, as long as they are there when the I-829 is filed.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, it can and employers are better advised to keep adequate records to explain everything including the effects of coronavirus on their business operations.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It could be an issue but hopefully, the economy will bounce back and you can rehire. This is why over 90% of cases are regional center affiliated so you can use indirect job counts.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS considers the 10 positions created, not necessarily the actual living, breathing human who occupies that job (same thing as if you replaced Mr. Jones with Mr. Smith, that position was still created).

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    At the I-526 stage, you need to show either that you have created 10 full-time, permanent jobs, or that it is more likely than not that you will do so within 2.5 years of approval. If you lay some people off, you might not have 10 at the time of approval, but if your business was already employing 10 full-time people, it is decent evidence that it is more likely than not to do so again when the current situation resolves. If you get an RFE, you will need to show that this is only a temporary setback, and your business is not materially affected. We think, but cannot guarantee, that USCIS will allow some flexibility in light of the situation that is global and out of the control for everyone.

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