For projects counting direct, indirect, and induced job creation, United States Citizenship and Immigration Services (USCIS) requires documentation of the expenditures from which job creation has been calculated. This documentation may include invoices and other proofs of payment. For projects counting direct jobs only, W-2s and payroll records need to be submitted.
Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, must prove that the required jobs have been created or are in the process of being created. To this end, investors must work closely with their EB-5 project, immigration attorney, and regional center (if any) to gather all the necessary documentation for Form I-829. It is critical for the EB-5 project or regional center to track economic metrics such as the operational revenue and total number of jobs created from the very start of the project. Doing so will make it easier for the investor to file their I-829 petition successfully and avoid a denial. It may also be advisable to submit I-9 information and the project’s financial statements.
In addition to verifying whether an investor created at least 10 jobs, USCIS will also make sure that the created jobs followed all EB-5 regulations. For instance, all EB-5 jobs must last for a minimum of two years and be full time. Moreover, all workers must have legal authorization for employment in the United States. If the jobs created by an investor do not meet all of these criteria, the investor will not be eligible for permanent resident status.
As noted above, the job creation documentation needed for direct and regional center-sponsored projects will vary. This is the case because direct investment projects are restricted to counting jobs that appear on the new commercial enterprise’s (NCE’s) payroll, whereas regional center projects can also use induced and indirect employment. Indirect jobs are a result of the EB-5 project’s expenditures.