Do not equate the number of names with qualifying positions. Apply the actual job requirements and methodology.
Map workers to positions
Identify the role, relevant period and replacement history. A payroll export may show several people without establishing several qualifying full-time jobs.
Ten or more full-time jobs, meaning at least thirty-five hours a week, must be created for qualifying U.S. workers, a group that excludes the investor, the spouse and non-immigrant workers. The plan must show that at least ten such positions, filled by U.S. citizens, U.S. nationals, lawful permanent residents or other immigrants lawfully authorized to work, will be created within the period allowed after the investment. Do not double-count a position or assume anyone with work permission is necessarily a qualifying EB-5 employee; counsel should review the applicable employee categories. An investment not associated with a regional center must create at least ten full-time jobs for qualifying U.S. workers directly, without relying on indirect or induced employment calculated through economic models. Direct investments generally rely on positions at the enterprise itself; regional-center investments may rely on methodologies permitted by statute that also count jobs created indirectly. The investor must independently establish the required capital, lawful source and path, qualifying investment structure, job creation and applicable process requirements. Identify the applicable official designation or project approval, the actual location and whether the determination covers this investment under the governing rules.