Is an independent audit of employment records required?

No. EB-5 rules do not expressly require an independent audit of employment records. That said, commissioning one is generally considered a good practice.

Because job creation is one of the program’s central requirements, demonstrating those results in a solid and credible way is critical. An audit conducted by a specialized firm lends greater credibility to the data, shows transparently that the jobs meet program standards, and can facilitate the review by the relevant authorities.

Even without being mandatory, external verification helps to:

• reinforce the integrity and organization of records;
• anticipate and prevent future challenges;
• demonstrate compliance with program requirements.

The key is keeping documentation organized and accurate. To decide whether an audit makes sense in your situation, it is advisable to review the updated guidance from USCIS and work with qualified professionals.

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.