The investor is excluded from qualifying workers. Explain participation separately from the jobs the investment must support.
Keep the two conditions distinct
Management or policy rights can matter to participation without making the investor’s position a qualifying job. A salary does not erase the exclusion.
The ten jobs must be full-time positions of at least thirty-five hours a week for U.S. citizens, permanent residents or other authorized workers, excluding the investor and family, and they must be created within the period the regulations allow. Job creation is the requirement most often outside the investor's control, which is an argument for understanding the enterprise's hiring plan in detail before committing, and for a direct investment where the investor has visibility. The investment structure, the lawful source and path of the capital, the applicable at-risk requirement, and the qualifying job-creation evidence all need to be independently established, in addition to investing the correct amount for the specific project type. For a direct EB-5 restaurant the investor must therefore design an operation with at least ten year-round full-time roles: kitchen, service, management and administration, each documented by payroll and Form I-9 records.