Can USCIS deny an EB-5 petition if it finds hiring costs too low?

It is not low hiring costs alone that lead to a denial, but what those costs may signal. In the EB-5 program, the enterprise must maintain credibility and economic viability, which includes keeping personnel costs in line with market practices and applicable labor laws.

If USCIS finds that amounts allocated to hiring are artificially low to the point of undermining the ability to create the required jobs or comply with labor regulations, that can raise doubts about the authenticity and structure of the investment.

The key factor is context. USCIS conducts a detailed review of all documentation and, if it finds discrepancies or signs of an attempt to work around program requirements, it may request clarifications and, in more serious situations, deny the petition. For this reason, the investor should be prepared to demonstrate a plausible economic model and the effective creation of the proposed jobs.

Because each case is evaluated individually, it is worth checking updated criteria on the USCIS website and structuring the project with specialized support, prioritizing transparency.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.