Positions filled by eligible employees working full-time for the new commercial enterprise can count. The investor, the spouse and the children cannot, regardless of the duties they perform. Ten qualifying jobs are required for each investor, so the schedule must reach ten after those family names are removed.
Rebuilding a job schedule that survives the exclusion
Start from operations, not from the number ten. List the shifts the business must cover, the hours each requires, and who is legally permitted to work them. Then test each line: is this a full-time position, is the person an eligible employee, and will payroll show it?
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. Direct and regional center methods differ here. Weigh a full-time position against arrangements that resemble one without being it.
A role meeting the required weekly hours is not the same thing as two part-time roles added together, though a qualifying job-sharing arrangement may be treated differently; have counsel confirm which description the shift pattern actually fits before that line joins the schedule. Contrast intermittent or seasonal coverage with permanent work as well, since a role existing only during a peak period answers a different question from the one the standard poses. Where the business genuinely needs fewer permanent staff than the count requires, that is a problem with the operating model to solve before filing, not a drafting problem.