If the economy enters a recession and I lay off employees, do I lose my EB-5?

Laying off employees during a recession does not automatically cause an investor to lose their EB-5. What matters is not the layoff itself, but whether your operation continues to meet the job creation commitment that supports the EB-5.

The program grants residency to those who invest in a business that creates or preserves jobs in the United States. There is a minimum threshold of jobs that the project must create or maintain. If workforce reductions compromise compliance with this requirement, significant risks may arise, especially when seeking to remove the conditions on the visa.

This is why adverse scenarios such as a recession call for careful planning:

• Structuring the business with periods of instability in mind.
• Pursuing adaptations that preserve the jobs required by the program.
• Thoroughly documenting decisions and compliance with the rules.

When unexpected changes occur, professional guidance is critical. It is worth verifying updated requirements with USCIS and relying on immigration and investment specialists, avoiding promises of easy solutions.

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.