IN THIS GUIDE · Check a standalone EB-5 job plan that counts independent contractors as employees
Start with the EB-5 eligibility and application overview
Identify who employs each proposed worker
For standalone direct-job claims, distinguish employment by the new commercial enterprise from independent contractor services. The regulatory employee definition excludes independent contractors. Explain the actual work arrangement rather than assuming an invoice, contract or payroll label alone settles it. Regional-center indirect-job analysis uses its own applicable framework and should not be borrowed casually for a standalone plan. Request the signed service agreements, invoices, payroll records, and supervision terms rather than relying on labels in a forecast. The evidence should show which entity hires, pays, directs, and can dismiss each worker. That distinction affects both the job calculation and the business model; it cannot be corrected by relabelling a contractor after filing.
Apply the full-time and qualifying-worker tests
Full-time employment generally requires a position of at least 35 working hours per week. Qualifying workers include U.S. citizens, lawful permanent residents and other qualifying immigrants authorized to work; the investor, spouse, sons or daughters and people in nonimmigrant status are excluded. Document the positions and workers under the applicable rules rather than simply adding hours or payments. Build a position-by-position schedule that states hours, start dates, duties, and the worker's qualifying status. Do not merge several part-time people into a presumed full-time position without checking the applicable rule. The record that settles a later question is often ordinary payroll and tax documentation, so the plan should anticipate how those records will be kept.
Retain the capital and participation requirements
Current general EB-5 capital is US$1.05 million, or US$800,000 for a qualifying targeted-employment-area or infrastructure case, with statutory adjustments beginning January 1, 2027 under applicable filing-date rules. Capital must have a lawful source and path and be at risk. At least ten qualifying full-time jobs per investor and investor management or policy-formulation participation remain necessary; payroll spending alone does not establish the complete investment. Separate the threshold amount from money reserved for fees, household expenses, or an unrelated purchase. Bank statements, sale documents, loan instruments, tax records, and transfer evidence should tell one consistent source-and-path story. The decision is whether the capital is genuinely exposed to the enterprise's fortunes, not merely whether a large sum appears in an account.
Track actual hiring and the residence process separately
Compare the plan with actual qualifying employment as the case progresses. Conditional residence begins with applicable immigrant admission or adjustment approval, not petition approval alone. I-829 is generally filed in the 90 days before its second anniversary; filing does not automatically remove conditions or return capital. Admissibility and visa availability remain separate requirements. Plan for conditional residence as a stage with continuing evidentiary consequences. Keep contemporaneous records of capital deployment, job creation, and material business changes rather than reconstructing them near the I-829 window. An approved petition does not eliminate the need to satisfy later requirements, and a return arrangement can be inconsistent with capital remaining at risk.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.