Do I need proof of pre-employment of workers?

The EB-5 visa offers an opportunity for foreign investors to contribute to the United States economy by promoting job creation and thus facilitating obtaining the green card. This program requires the investment to result in the creation or preservation of at least 10 jobs for American workers, which is usually demonstrated through a detailed business plan.

Regarding proof of pre-employment of workers, there is no formal requirement for investors to obtain or present contracts or letters of intent to hire before the investment is approved. The main focus of the EB-5 is on the project’s viability in generating jobs and on creating a solid plan showing how these jobs will be actualized after the business is launched. In other words, the investment must be structured so that when the project is underway, the projected jobs become a reality.

However, it is advisable that the business plan includes well-founded projections and, if possible, demonstrations that the structure for job creation – which may include stages of pre-employment or clear hiring intentions – is well outlined. This can increase the project’s credibility even if direct proof of pre-employment is not mandatory.

Always remember the importance of strictly following United States immigration laws and using official sources and information. Considering consulting specialized companies on the subject can help avoid any risk of falling for scams or marketing campaigns that promise results without proper legal and technical foundation.

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.