How will a high job turnover rate impact my direct EB-5 application? - EB5Investors.com

How will a high job turnover rate impact my direct EB-5 application?

I have a direct EB-5 investment business and I am currently holding a conditional green card. My company has had hiring and firing surges recently. In marketing and sales, I have hired three salespeople and two marketing staff, then fired them after a month and advertised the jobs again. All employment contracts are at-will. How will this high turnover impact my EB-5 application at the I-829 stage?

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

High turnover should not affect your I-829 as long as it is clear that the positions created by the NCE were full-time, permanent positions and not seasonal or intermittent. You also must demonstrate that the persons filling the positions are qualifying U.S. workers. There is no requirement that the U.S. worker stay in the position for any minimum period of time.

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

If your company 10 ten or more full-time employees when the I-829 petition is filed, then USCIS will approve your I-829 petition. If your company has nine or fewer full-time employees when the I-829 petition is filed, then USCIS will deny your I-829 petition.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Staff turnover will not in itself impact this requirement. However, if you have an extremely high turnover, it may be advisable to have a 20% to 30% job cushion.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If there are 10 full-time employees at all times, it should not be an issue.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Not necessarily. As long as you can show that the requisite minimum 10 jobs were created, USCIS does not require that the same employees continue to fill those jobs.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

The turnover rate is not critical as long as within reasonable periods of time you are able to replace your lost U.S. workers so that at the time you file your petition on Form I-829 to remove conditions, you could show that you created and maintained the required minimum 10 jobs for U.S. workers as required.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

The job creation is for the jobs that you create, not how many people have worked for you. Thus, if you created 10 full-time, permanent jobs, including those sales and marketing positions, the fact that some of those people did not work out should not matter, particularly because your business is still in the early development stage. However, too much volatility continuing throughout the whole two years may lead to questioning whether those jobs were truly full time, permanent or just temporary. Also, you must keep all the W-2s or paystubs, and I-9s in compliance with every person you hired, which will make your bookkeeping for I-829 more difficult if the turnover continues.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

It should not affect the I-829 process as long as you meet the EB-5 requirement by producing at least 10 jobs. However, at the same time, you cannot successfully argue the reason why you fail to meet the job requirement is because of your high job turnover rate.

Mark AM Catam, Esq

Mark AM Catam, Esq

Immigration Attorneys
Answered on

What is key is creating the 10 full-time jobs.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Seems like a lot to fire five people at the same time. How is the company managing with such fluctuations in staff? As long as hiring/firing decisions make sense from a business perspective, the I-829 should be fine. This situation does raise several red flags, however. Make sure your immigration attorney is aware of this ASAP.

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