Do not assume that. Establish the baseline and applicable job-creation framework. A change in ownership does not universally create new qualifying jobs.
Separate preservation from creation
If an exception is proposed, assess its actual conditions rather than relying on the acquisition label.
A regional center may count indirect and induced jobs shown by an accepted economic model, which is easier than creating ten direct positions, but the number is still tested at the removal-of-conditions stage. Beyond source and path, the investor must place the required amount at risk in a new commercial enterprise that will create at least ten full-time positions for qualifying U.S. workers, and must engage in management or policy formulation. Approval produces two years of conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary to seek removal of conditions by proving the capital stayed invested and the jobs were created and sustained. Together with the qualifying capital, its lawful source and path, the at-risk requirement and the investor's engagement in management, the ten jobs must be shown at the removal-of-conditions stage, not merely promised at the petition stage.