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BARRIERE · EB-5 FIELD GUIDE

Barriere — The project has hired only six people. What does that mean for Yvette?

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THE DIRECT ANSWER

It means the job-creation requirement is not yet satisfied. What matters is the position at the time conditions are assessed, and whether the required employment is created and sustained by then.

Understand the shortfall while there is still time

A shortfall partway through the conditional period is not automatically fatal, because the test looks at whether the required jobs were created within a reasonable time. It is, however, a signal that requires action rather than patience. Yvette should obtain the project's current hiring plan, its explanation for the delay, and its projection for the remaining months, in writing. Where the investment was made through a regional centre with an approved methodology, the counting may differ from a headcount at the site, and understanding which measure applies is the first step. If the project cannot credibly reach the requirement, the options available now are wider than the options available three weeks before the filing window closes.

Hypothetical example: A Canadian investor in a direct hotel project learns that several planned positions were never filled after the opening season. The first review should identify the project model, the required job evidence, and the credible plan for completing any shortfall. Payroll tax filings, employee records, and project financial data settle the issue; an optimistic update does not. The decision is whether the available facts support continued reliance on the project before conditional residence must be converted through the later petition. Qualifying capital must remain exposed to risk, and the job requirement cannot be treated as optional.