What is the job creation deadline for EB-5 investors?

You will need to demonstrate job creation by the time you file the I-829 petition to remove conditions on your 2-year green card. At the time of filing the I-526 petition, you must submit a credible comprehensive business plan that will evidence that, due to the nature and size of the business enterprise, at least 10 direct full-time positions for qualifying employees are required, as well as a hiring time frame. There are no wage requirements except the applicable minimum wage state and federal laws.

The 10 jobs must be created by the time your I-829 is filed, which is usually two years after you have secured conditional permanent residency. There is no special minimum wage requirement other than the fact an employer should comply with the prevailing state and federal laws.

At the time the I-526 petition is filed, it is not necessary to have 10 full-time jobs from day one, given the fact the funds have not yet been invested nor are they available to create the jobs. Thus, it is only at the time the conditional Lawful Permanent Resident files his Petition to Remove Conditions on Form I-829 when it is necessary to establish that 10 full-time jobs were created within the required timeframe, after the filing of the initial EB-5 Petition on Form I-526. Remember, if you have invested in a Regional Center, you may also use economic studies showing indirect and induced jobs. There are no special wage requirements, although there are federal minimum wage laws as well as state and local laws.

The deadline is the filing of the I-829 but you need a business plan in place when you file the I-526. They must be permanent full-time persons and authorized to work in the U.S. And the jobs must comply with all State and Federal mandates on minimum wage.

Ideally, you should have created 10 full-time, permanent jobs by the time that I-829 is filed. If you are still short at that time, you should try to create the remaining jobs by the time that the adjudicator reviews your case, which seems to be about 18-20 months these days. If you have not shown the jobs are created with your I-829 filing, USCIS will issue a Request for Evidence asking you to prove that you did. Documentation to prove job creation consists of photocopies of relevant tax records, Form I-9 or other similar documents for 10 qualifying employees, if such employees have already been hired following the establishment of the new commercial enterprise; or, a copy of a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 qualifying employees will result, including approximate dates when such employees will be hired. While the USCIS is supposed to grant the removal of conditions if the evidence submitted shows jobs can be expected to be created within a reasonable time, the reality is that if the jobs are not created by the time that your I-829 is being adjudicated, your removal application is likely to be denied. An employee, in this case, means a United States citizen, a lawfully admitted permanent resident or an immigrant lawfully authorized to be employed in the United States who is not the investor or his family. Furthermore, the pay should be the prevailing wage appropriate for that job position.

By the time you file to remove the conditions from your 2-year green card, you should have created 10 jobs.

At the time of filing the I-526 Petition, you need to show definitive plans for creating 10 new jobs with the investment and, at the time of filing the I-829, you need to show evidence of the 10 new jobs created.