EB-5 Q&A: Whether USCIS audit the 3rd party general contractors that were hired by the EB-5 project

Question:Does USCIS audit third party general contractors that were hired by the project? Question in detail:What objections could USCIS have if a partner in the project also owns the general contracting company, and if the general contracting company made a profit? What should I keep in mind as I document these profits?


On the application to remove the condition from a person’s U.S. permanent resident status, Form I-829, USCIS will determine two factors: whether an investor substantially met the capital investment requirement and sustained the required capital within 2 years; whether the 10 jobs are created. You will be required to submit evidence regarding the two factors such as bank statement, I-9s, or tax records.

Direct job creation is required of an investor. However, a regional center project investor is permitted to count both direct jobs created and jobs indirectly created within the region as a result of the commercial enterprise. In preparing the Form I-829, the regional center will have documentation to show both direct and indirect jobs created.

Therefore, USCIS will focus on capital invested and jobs created. It should not matter if the contracting company made a profit, so long as the profit was not included as part of the capital invested and, provided there are no illegalities in the contracting arrangement.