Can USCIS deny if it finds the hiring cost too low?

The EB-5 program is an interesting option for investors seeking to obtain a Green Card, but it involves several strict requirements regarding investment and job creation. Many interested parties have questions about the details and, in particular, about how USCIS (United States Citizenship and Immigration Services) evaluates financial and operational aspects of the project, such as hiring costs.

In the context of the EB-5, it is essential that the enterprise maintains credibility and economic viability. This includes ensuring that the costs related to hiring professionals are aligned with market practices and, above all, comply with current labor laws.

If USCIS identifies that the amounts allocated to hiring are artificially low or that they may distort the program’s requirements-for example, compromising the ability to generate full-time jobs for American workers-this finding can indeed raise doubts about the authenticity and structure of the investment. However, it is not the existence of a below-market cost by itself that would automatically lead to denial, but rather the context and factors that may indicate that remuneration standards and job creation are not being legitimately met.

It is important to highlight that USCIS conducts a detailed analysis of all documentation submitted. If discrepancies or information indicating an attempt to circumvent the program’s requirements are found, clarification may be required, and, in more serious cases, the visa may be denied.

Therefore, investors should be prepared to demonstrate that the business has a plausible economic model, complies with labor laws, and effectively creates the proposed jobs within the EB-5 criteria. Given these issues, it is recommended to strictly follow immigration laws and hire consulting from specialized professionals and companies, avoiding falling into proposals promising quick or guaranteed results. These precautions help avoid future problems and ensure that all requirements are met transparently and securely.

Always remember the importance of carefully analyzing each situation and seeking reliable sources before making any decisions about immigration. Compliance with legislation is essential for the process to be successful.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.