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APPLICATION ANSWERS · EB-5 FIELD GUIDE

From Sherbrooke, what should the direct-business staffing evidence establish?

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THE DIRECT ANSWER

It should support the qualifying positions and workers under the applicable rules and case stage. Job descriptions, payroll and other required records address different facts. A recruitment plan may describe intentions but should not be presented as evidence that employees are already hired.

Keep the actual employment history

Record changes in positions and personnel accurately and assess their significance with the responsible adviser. Direct and regional-centre job methods are not interchangeable. Do not apply an economic model from another structure as a substitute for the evidence this business needs.

For a direct investment, assemble a position-by-position file: dated job descriptions, full-time hours, payroll and tax records when hired, immigration-status evidence needed to establish qualifying workers, and explanations for replacements or vacancies. Keep forecasts visibly separate from completed hiring. Link the staffing record to the business plan and expenditure trail, while preserving lawful source and path evidence for the capital. The minimum is ordinarily US$1,050,000; US$800,000 applies when the investment qualifies through a targeted employment area or infrastructure project. Direct investors file Form I-526; regional-center investors instead file Form I-526E and may rely on different job-creation methods. During the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status, Form I-829 seeks removal of conditions. Borrowing an economic model from a pooled project is the common direct-business mistake.

Hypothetical example: A Sherbrooke recycled-glass entrepreneur opens a direct manufacturing company and hires production workers in stages. Her evidence should distinguish signed offers from active payroll, identify each role’s weekly schedule, and retain records when one employee leaves and another takes over. The Form I-526 business plan may forecast hiring, but later proof should tell the real employment story rather than presenting projections as historical facts.