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How can you prove the required jobs if some employees left and were replaced?

Employee turnover does not block an EB-5 case: what matters is proving that the minimum number of full-time jobs was maintained. Records with hiring and separation dates are the foundation of that proof.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 21, 2026
1 min read
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Employee turnover does not jeopardize your case. What EB-5 evaluates is whether the enterprise maintained the minimum number of full-time jobs required throughout the relevant period, not whether the same individuals stayed.

When someone leaves and is replaced, the key is that the records demonstrate that continuity. Keeping the following documents organized helps:

  • payroll records and hiring and separation documentation, with dates;
  • employment contracts and company tax filings;
  • statements showing positions filled period by period.

With departure and rehiring dates clearly documented, you show that the positions were genuinely filled and that the required headcount was maintained. Turnover itself is generally accepted when the replacement is properly evidenced.

Because the standards for presenting this documentation may change, it is advisable to check the updated guidelines from USCIS and organize the records with the support of a qualified specialist.

Learn more about EB-5

Type
Investment Green Card
Min. investment
US$ 800,000
Jobs created
Minimum 10 (full-time)
Processing
24-48 months
All about EB-5

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.

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How can you prove the required jobs if some employees left and were replaced?

Employee turnover does not block an EB-5 case: what matters is proving that the minimum number of full-time jobs was maintained. Records with hiring and separation dates are the foundation of that proof.

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