If I fail to meet the job creation requirement, do I get a second chance?

In general, the EB-5 program does not provide an automatic ‘second chance’ when the job creation requirement is not met. Generating full-time jobs for workers in the United States is one of the pillars of the program, and failing to meet it directly affects the removal of conditions on permanent residence.

That does not mean there is a single rule that applies to every situation. Depending on the circumstances, evidence that jobs were created at a later point, or the use of recognized approaches for counting indirect jobs, may open the door to a more careful review by adjudicators.

• Meeting the job creation requirement is central to maintaining permanent residence.
• There is no automatic ‘pardon’ if the target is not reached on time.
• Each case is evaluated individually, based on the evidence presented.

Because USCIS applies strict scrutiny and each situation has its own particularities, it is worth confirming the current requirements directly with USCIS and seeking a detailed professional assessment of your case before relying on any exception.

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.