Not automatically. The job requirement concerns qualifying employment under the applicable EB-5 rules, not simply the headcount on a seller’s payroll. A purchase needs assessment of its structure, invested capital and the relevant job evidence.
Separate ordinary creation from special preservation rules
Build a baseline of existing employment and explain the positions expected from the investment. A qualifying troubled business can involve preservation rules, but an ordinary purchase should not be presented as meeting that exception without evidence. At least ten qualifying full-time jobs per investor, required at-risk capital and management or policy-formulation participation still need to be addressed. No fixed headcount shortcut settles the entire case.
Current USCIS policy treats lawfully obtained loan proceeds invested in the new commercial enterprise as a contribution of cash rather than indebtedness. An applicant who reads a figure in an article written last year, transfers that amount, and then finds the requirement has moved has under-invested, and the shortfall is not cured by intention. The rights ordinarily attached to a limited partnership interest can satisfy this, but an assurance that nothing will be required is not a description of the requirement, and the offering documents have to be read for what they actually confer.