Do I need to prove pre-hiring of employees?

No. The EB-5 program has no formal requirement to present contracts or letters of intent to hire employees before the investment is approved. The program focuses on the viability of the project to generate the required jobs, not on proving that hires have already been made in advance.

What supports the petition is a solid business plan that clearly demonstrates how the required number of jobs will be created and sustained once the business begins operations. The logic is forward-looking: the investment must be structured so that the projected positions materialize as the project progresses.

• Pre-hiring documentation is not required to obtain investment approval.
• The business plan must demonstrate how the jobs will be created.
• Well-supported projections strengthen the credibility of the project.

Even though it is not required, detailing the hiring structure in the plan can reinforce the strength of the project. Since each case is evaluated individually, confirm the current requirements with USCIS and prepare your plan with the support of a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.