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Preeti Sinha

How will individual employees affect I-829 approval?

So I understand that my investment in a regional center project would have to result in ten full-time jobs for U.S. workers, and that full-time means at least 35 hours a week. But how would my I-829 application be affected if, say, one of these employees showed up to work only twenty hours each week? Or if an employee quit right before I submitted my I-829? Could the actions of an individual employed under EB-5 prevent I-829 approval for an investor?

Answers

Philip Cohen
September 29, 2015 12:25 PM  Philip Cohen

In both your examples, you would presumably fire that employee and/ or replace them with somebody competent, as long as this is done expeditiously, it should not affect the job count, because the position never went away and USCIS understands that employee turnover happens. The key is not to leave the post unfilled as a full time post, where direct jobs are concerned.

Gregory Finkelson
December 26, 2018 05:04 PM  Gregory Finkelson

You can totally fire that employee and replace with a better one, but you should start looking for one as soon as possible to avoid leaving the position empty for too long.

Marko Issever
December 30, 2018 01:31 AM  Marko Issever

As long as you take swift disciplinary action to replace the employee that showed up to work only twenty hours each week or the one that quit on their own, you should not have a problem. The key is to actively employ the requisite number of full-time employees.

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