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TANTRAMAR · EB-5 FIELD GUIDE

Can a plan to hire employees later be described as current payroll?

Sources checked:

THE DIRECT ANSWER

No. Identify current relationships and future hiring accurately.

Preserve the chronology

Review the actual case stage and requirements. A forecast may be relevant, but it should not be presented as proof that the positions are already staffed.

Review the appropriate petition route and current Visa Bulletin with counsel, including chargeability rather than assuming Canadian residence removes a queue. List project milestones and immigration steps on separate timelines rather than treating them as interchangeable, and monitor current processing times and the Visa Bulletin as relevant. Check current processing information and the Visa Bulletin as relevant, and remember that removal of conditions remains a later required step even after conditional permanent residence is granted. Preserve the distinction between a request for evidence, a petition decision and the event granting conditional residence; a polished translated heading should not turn one into another. The job-creation clock is tied to the investment and the conditional period, so the hiring schedule in the business plan should be realistic about when ten positions will exist. Preserve entry or adjustment records, calculate the window carefully, and gather evidence that capital and job requirements were met under the applicable rules. Adjudication times are published by USCIS and differ between categories and by country of chargeability, so check the current position rather than an older figure. A petition approval, payroll milestone or investment payment does not itself grant current work permission or remove conditions.