You are here[HOT] Neufeld memo on the timing of job-creation and clarifying of "full-time" job -- important
[HOT] Neufeld memo on the timing of job-creation and clarifying of "full-time" job -- important
Finally, the long-awaited USCIS guidance memo (hopefully, the first of many to come) on one or two of the outstanding EB-5 issues. We hope the USCIS keeps on issuing this type of memos on other issues also.
This USCIS guidance memo discussed the timing of the job creation and clarifies the "full-time" job definition. Attached in its entirety below.
In our opinion, this is an important guidance memo by USCIS in EB-5 area, especially for RC EB-5 Programs, which attempts to clear up some of the problematic issues not addressed by the existing EB-5 statutes and regulations.
http://www.eb-5center.com/files/Neufeld_guidance_eb5_17jun09.pdf
Where is the document attached?
EB-5 Enthusiast
http://www.eb-5center.com/files/Neufeld_guidance_eb5_17jun09.pdf
I had a question regarding the origin of the capital to be invested. Say if, for example, I have a rich friend in the US, and we have been friends for a long time and he wants to help me get a GC and looks at the EB-5 route. He then decides to wire the money to my account so that I could invest into an EB-5 project for the purpose of getting a GC.
Would this be considered eligible capital to be invested in the EB-5 or not? Provided of course, we give evidence as to where he has obtained the money.
Thanks
Not unless your friend makes a legal gift. If I were the USCIS examiner, I would be skeptical about your friend giving you $500,000 USD gift, but that's just me.
Hi,
I have another question regarding job creation. Is it possible to create 10 jobs after the 1 year and 9 months (or 2 years) and still get the LPR? In essence it would be only logical that if it could be shown that the jobs are being created at a certain rate and we did create 10 jobs at slightly later point in time, that the LPR is granted. For example, by the 1 year and 9 months, we created 8 jobs but its in our plans to (at the point we will be financially able)hire two more in the next 6 months (ie. 2 years and 3-6 month mark.
Does USCIS take this into account or not?
Thanks
EB-5 law says you can create the required jobs at any time, but really, everything should be based on the real world requirement. If it's a fast food restaurant, and you have 2 positions at the beginning, and suddenly, the business goes up to 9 jobs after 1.9 years, then I am sure USCIS would issue a RFE due to fraud concerns.