Permanent Residency

The short answer. Yes. A petitioner may submit financial material beyond the annual report, federal tax return, or audited financial statements that the regulation requires, and USCIS may also ask for such material. What additional evidence cannot do is take the place of the required initial evidence, and it earns weight rather than creating an entitlement to approval. 8 C.F.R. § 204.5(g)(2).

The short answer. The regulation names three documentary forms as the evidence that must accompany a petition resting on an offer of employment: copies of annual reports, federal tax returns, or audited financial statements. An employer that employs 100 or more workers may instead submit a statement from a financial officer of the organization, which the adjudicator may accept. 8 C.F.R. § 204.5(g)(2).

The requirement. Where an employment-based immigrant petition rests on an offer of employment, the petition must be accompanied by evidence that the prospective United States employer is able to pay the wage offered. 8 C.F.R. § 204.5(g)(2). The employer’s ability to pay is treated as one of the essential elements in deciding whether the job offered to the beneficiary is realistic.

This section addresses various issues which are common to Employment Based Green Cards.

Every EB-5 case rests on three questions: is the money going into a qualifying business, is it enough money and is it genuinely at risk, and will the business create the jobs Congress asked for. The requirements below are the current ones, as rewritten by the EB-5 Reform and Integrity Act of 2022. Older figures still circulate widely online, so it is worth checking the date of anything you read.

According to the Labor Department:

The Selection of Continuation Option Letter may be signed and submitted by either the employer or the employer's attorney/agent of record. We request, however, that employers and attorneys coordinate to determine who will submit the Selection of Continuation Option Letter to ensure that the appropriate Backlog Processing Center does not receive conflicting or duplicate responses. In the instance of conflicting responses, we will default to the employer's response.

The message on my Corrections List states, "The Employer's name/address is not the same on Form ETA 750 Part A and Part B." What do I need to do?

According to the Labor Department:

Please refer to item 6 on Form ETA 750 Part A and item 8 on Form ETA 750 Part B. These items must match exactly on your application. Initial and date any corrections you make on your application and return it to the appropriate Backlog Processing Center.

During the public briefings, the Department indicated that there will be 2 processing tracks—Reduction in Recruitment (RIR) and Traditional Recruitment (TR). As to the First in-First out (FIFO) principle, does this mean RIR cases will be separated or distinguished from permanent TR cases?

According to the Labor Department:

Yes, there will be two processing tracks—RIR and TR. Each track will have a separate FIFO queue. At the centers we will allocate resources so that RIR and TR cases receive equitable treatment in processing

If I send in the required information about my case, will I have to respond to a Center Receipt Notification Letter (CRNL) indicating that I want to continue?

According to the Labor Department:

According to the Labor Department: