How many employees do I need on the day I file Form I-829?

The question stems from a common but imprecise assumption: the I-829 does not require a specific headcount of employees present on the exact day you file the petition. What the EB-5 program evaluates is whether your investment generated, throughout the conditional residence period, the full-time jobs the program requires.

In other words, the focus is on the cumulative result of the project, supported by documentation, not a snapshot of the workforce on a specific date. If some hires are still being finalized, what matters is demonstrating that the venture has met, or is clearly on track to meet, the job-creation requirement.

In practice, this documentation typically includes:

• Payroll records and employment documentation.
• Corporate tax filings and tax obligations.
• Proof of hiring and continued maintenance of job positions.

Because the exact number of jobs required and the method for counting them (including indirect jobs in regional center projects) follow specific rules that may change, the safest approach is to confirm the current requirement with USCIS or with a qualified immigration professional.

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.