2008/04/02 -- USCIS -- AILA Liaison Committee Agenda


27.d. AILA requests clarification of the term "reasonable period of time" for job creation required under 8 CFR 216.6(a)(4)(iv). 8 CFR 216.6(a)(4)(iv) states that an I-829 applicant must submit evidence that the alien created or can be expected to create "within a reasonable time" 10 direct or indirect jobs. Would an individual be able to meet the reasonable period of time standard by providing a detailed business plan showing that the jobs will be created within the next two years? One year? What if 5 jobs have been created by the time the I-829 has been filed? What type of evidence would USCIS require in the event that no or few jobs have been created?

Response: USCIS expects in the vast majority of cases that all of the requisite jobs have been created by the time the I-829 is adjudicated. However, the regulations at 8 CFR 216.6(a)(4)(iv) do contemplate certain circumstances in which the requisite jobs can be created within a "reasonable period of time." Nonetheless, a favorable adjudication of the I-829 without the requisite jobs having been actually created would be the exception rather than the rule.

USCIS cannot articulate a bright line rule to define what constitutes a "a reasonable period of time? as such period will depend on the factors of each individual case. USCIS will consider all appropriate evidence that would (a) clearly justify not having completed the job creation by the end of the two years of conditional residence (e.g., the nature of the investment, the industry involved, etc.) and (b) show tha the full number of requisite new jobs will be created within a clear, defined and credible period of time.