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MUNICIPALITY OF THE COUNTY OF VICTORIA · EB-5 FIELD GUIDE

What does a Victoria County investor need to prove ten jobs actually exist?

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THE DIRECT ANSWER

Ordinary employment records rather than projections: payroll registers, quarterly wage reports filed with the state, Forms I-9 for each employee, and the hours worked. The evidence has to show positions that are full-time, filled by qualifying workers, and maintained rather than counted once on a single favourable date.

The proof at the end looks nothing like the plan at the beginning

At the petition stage a comprehensive business plan carries the job case, setting out positions, wage levels, hiring dates and the revenue supporting them. At the removal-of-conditions stage that plan is worth little and the records are worth everything. Bettina should therefore run the enterprise from the first day as though the file were being assembled continuously: payroll processed properly rather than informally, employment eligibility verification completed and retained for every hire, state wage filings kept together, and hours recorded so that thirty-five-hour weeks are demonstrable rather than asserted.

Two traps recur in owner-operated businesses. Family members who help out cannot be counted, and neither can anyone working in a nonimmigrant status, so a headcount of ten on the floor is not necessarily a count of ten qualifying employees. Contractors are a further complication and deserve specific advice before anyone relies on them.