How do you prove that the jobs created are new?

In the EB-5 program, proving that jobs are new means demonstrating, with consistent documentation, that the full-time positions arose as a direct result of the investment and did not exist before it. The goal is to show the real economic impact of the invested capital.

In practice, this proof typically combines documents that first project and then confirm the creation of those positions. Among the most common are:

• A detailed business plan showing how the company will expand and generate jobs.
• Financial reports and accounting records of the enterprise.
• Payroll records, employment contracts, and compensation documentation.
• Documents that distinguish new positions from those that were merely restructured or transferred.

This set of documents helps show the transition from projected employment to actual employment, which is what U.S. immigration authorities analyze. Because each project is unique and the documentation must meet USCIS requirements, it is advisable to gather the evidence with the support of professionals specialized in EB-5 and to verify the updated requirements at the official source.

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.