When does the job creation time frame start: at the I-526 approval or when the Conditional Residence is granted? If job creation requirement starts from I-526 approval, is there any possibility a Chinese Immigrant can set foot in the U.S. before the period expires? Is it a reasonable expectation from USCIS to ask for jobs created before admission?
Now with COVID, the entry from most countries is delayed in some case more than a year. How is USCIS fairly and reasonably going to treat this?
How will investor participate in a direct EB-5 business without being present in the U.S. or having valid status to do so?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryThe USCIS is not concerned about practicalities of entering the U.S. in order to hire; the USCIS takes the position you can hire a manager who can hire and supervise staff. As a practical matter, one must create jobs in accordance with the timing outlined in the credible business plan. Generally, the jobs only have to be created by the time the I-829 removal of conditions is filed.
Phuong Le
Immigration Attorneys DirectoryJobs generally should be created within 2.5 years of 526 approval, unless you have some extenuating circumstances.
Fredrick W Voigtmann
Immigration Attorneys DirectoryIn order to receive an I-526 approval, generally, your business plan must project the creation of the required number of full-time positions within two-and-half years from the date your I-526 was filed. This "rule" was developed by USCIS, which estimated six months of I-526 processing time (and NVC/IVP or AOS processing time), which is completely unrealistic. The regulations require filing of Form I-829 within the last three months of the conditional period during which the required full-time positions should actually have been created. In the case of a Chinese investor, the dates for filing/approval of the I-526 petition could be several, if not many, years before the conditional period starts. For example, the conditional two-year period for a China-born EB-5 investor filing his or her I-526 in 2015 or later has not even started yet.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryThe business plan governs this.
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