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Location of employees
I am looking to start a new US company in a rural area with the goal of creating 10 new jobs.
1. Do all the employees have to be physically working out of the company's office? If not, is there a % of remote v/s on-site employees?
2. Do I have to show proof of all 10 job creation as the time of filing my I-526? If not, when is this proof required to be presented?
3. Is there a specific state agency that will me a TEA certification?
4. Is there a specific state agency that will be certify that the location of my business is in a rural area?
Thanks a lot!
See responses below.
1. Do all the employees have to be physically working out of the company's office? If not, is there a % of remote v/s on-site employees?
Answer: No, if the nature of the business requires that some employees work at different locations, i.e., construction workers, then not all employees have to be on-site.
2. Do I have to show proof of all 10 job creation as the time of filing my I-526? If not, when is this proof required to be presented?
Answer: Persuasive business plan and actions evidencing that you have taken definite steps to invest and create jobs should be prepared and submitted.
3. Is there a specific state agency that will me a TEA certification?
Answer: Yes, but that agency differs for each state. You have to find that out. You would think there is a federal website maintaining a comprehensive list of state agencies for state agencies in charge of TEA designations, but alas, that's a wishful thinking.
4. Is there a specific state agency that will be certify that the location of my business is in a rural area?
Answer: Usually, a state agency maintains the latest list of geographic areas considered to be "rural". For high unemployment based TEA area, the agency issues a certification letter.
* Note all answers provided on this website do not constitute legal advice.
Thanks a lot!
Specifically for 1. above. Can the employees live and/or work anywhere in the country. This will be true for an IT sourcing company, where work in performed at client site. Thank you again!
When you say "live", in some sense, these employees will be living there temporarily. In context of direct EB-5 case, I don't see why living anywhere else will be a problem. But in context of a regional center based EB-5 case, USCIS might raise an issue, but if they do, I believe legally their position is not defensible. Again, you can see how unclear law prohibits businesspersons from investing and creating much needed jobs.