What is the risk of not reaching the required number of jobs in the direct investment?

When we talk about EB-5 investments, the focus is not only on the financial contribution but also on creating the required number of direct jobs for Americans. Meeting this goal is essential for the investor to advance in the green card obtaining process.

If the financed enterprise fails to generate the minimum number of direct jobs (usually, 10 full-time jobs per investor), there is a risk that the adjustment of status petition or the petition for conditional residence will not be approved. This situation can lead to complications in the process and, in some cases, the need to redo documentation or even the loss of resident status if the investor has already obtained conditional residence and later is unable to convert it to permanent residence.

It is important to note that the EB-5 project structuring usually takes into account the possibility of mitigating risks, including through detailed economic feasibility studies and proofs. However, market or project management unforeseen events may impact job creation. Specialized companies in this area always recommend that investors adopt a careful stance, comply with all U.S. immigration laws, and avoid promises of immediate or guaranteed results, always seeking information from official sources or trusted legal counsel.

Therefore, knowing the contractual details and feasibility of the enterprise is essential, as it can help reduce the risk of not reaching the job creation target. Although the EB-5 investment offers an interesting opportunity for those wishing to immigrate, every investor must be aware of the associated commitments and take all preventive measures to avoid unpleasant surprises during the process.

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.