How many employees must I have on the day I submit the I-829?

The EB-5 program is an initiative that allows foreign investors to obtain conditional resident status in the United States through the investment of a minimum amount in a commercial enterprise that creates jobs for American workers. One of the central points of the program is precisely the creation or preservation of at least 10 full-time jobs for U.S. citizens or residents.

In practice, when submitting the I-829 form – which is the petition to remove conditions on the green card – the investor must present evidence that, as a result of their investment, 10 full-time positions were created or maintained. This requirement applies both to direct investments in new businesses and to activities related to regional center projects, where the job counting methodology may include both direct and indirect jobs, according to regulations.

It is important to understand that the criterion does not require a progressive number of employees to be maintained ‘on the day’ of the I-829 submission, but rather that, throughout the conditional period, your project documents that it has met or is in full compliance with this minimum requirement. If some jobs are still pending or if the evidence of creation is in the process of consolidation, the documentation must show that the project is on track to reach the required 10 jobs by the end of the conditional period.

This documentation may include payroll reports, tax statements, employment verifications, and other evidence proving the existence and maintenance of the jobs. We reiterate the importance of following all United States immigration laws and regulations. The process requires careful attention to documentation and compliance with the requirements established by immigration authorities.

It is advisable to seek expert guidance – from qualified companies or professionals – to review the progress of your investment and ensure all requirements are properly met. This helps to avoid misunderstandings and minimize the risk of falling for offers or marketing campaigns that promise guaranteed or oversimplified results, which may lead to complications in the process.

In summary, when submitting the I-829, the evidence you need to provide is that your investment has generated or will consistently maintain at least 10 full-time jobs for U.S. workers, as defined by the EB-5 program guidelines.

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.