Question: What do I need to prove at the I-829 stage?
Question Detail: I understand that I need to prove I have created at least 10 direct or indirect jobs. What else do I need to prove besides the job creation requirement? I hear that I need to prove that the economic report went the same way as was stated at the I-526 stage, and that financial goals and milestones have been met too. Is that true? What will satisfy this requirement? What if the jobs are created, but the financial goals and milestones are not met?
Answer:
The federal regulations require that to remove the condition on your permanent resident status, the following documents must accompany your application.
1.To establish that the commercial enterprise, which was the basis of your petition for U.S. conditional permanent residence, was actually established, you can provide evidence such as the Federal income tax returns. You will 216.6(a)(4) Documentation. The petition for removal of conditions must be accompanied by the following evidence:
2.To establish that you invested or were actively in the process of investing the requisite capital of $1,000,000 or $500, you may include, but not limited to, an audited financial statement or other probative evidence.
3.To establish that you have sustained the establishment of the enterprise and your investments throughout the period of your residence in the United States, you may include, but not limited to, bank statements, invoices, receipts, contracts, business licenses, Federal or State income tax returns, and Federal or State quarterly tax statements.
4.To establish that you have created ten full-time jobs, as you mentioned in your question, you may include such evidence as payroll records, relevant tax documents, and Forms I-9. By your question, I assume you are not an EB5 investor in a troubled business. Therefore, I did not go into detail of such. If you need information related to an EB5 investment in a troubled business, pleasecontact me and I would be please to assist you.
Additional evidence of financial goals or milestones would become relevant if there were any allegations of fraud, inability to sustain the full-time jobs or if additional time were required to satisfy the 10-job requirement. If you have invested in a regional center enterprise, many of the above documents will come from the regional center.
Should you have any further questions or if your application to remove condition is denied, contact an attorney as soon as possible. Our firm works in these areas and would be pleased to help you.
