Question: How do fired employees affect EB-5 job creation requirements?
Question Detail: I am an investor looking to establish a startup in the United States and obtain my EB-5 visa. What would happen if I hired an employee, and then had to fire them after they joined the startup? Would I have to I re-hire someone else? Would I have to submit new EB-5 documents if I re-hire?
Answer: The regulations require that you create full-time jobs. The regulations do not say how you fill those jobs. If you hire one person to fill a job and that person is not capable or willing and you fire that person, simply hire another to fill that vacant position. If you do not need to hire a person to fill the vacant position, then the enterprise has not created that full-time position.; The W-2 and I-9 forms that are completed by employees are evidence that you hired and filled 10 jobs. If you were to fire a person, you would file the W-2 and I-9 forms completed by both the person you fired and the person you hired to fill that vacant position. The EB-5 process does not require filing any document to justify the firing of an employee.
Being a business law firm, we handle employment concerns and would be pleased to aid you if your need would occur.