Business ventures included in the EB-5 Investment program must be able to create 10 full-time positions for U.S. citizens or permanent residents legally able to work in the United States. A full-time employee is considered someone who works 35 to 40 hours in a week.
Conditional and temporary residents, as well as asylees, and recipients of postponement of deportation. Non-immigrants, however, are not included. Spouses or children are not allowed to be considered as employees of these 10 positions, but any other family members are who are employed by the investment business may be considered.
Part-time employees are not allowed to be considered as one of these positions; however two part-time employees can collectively split the 35 hour work week to equal one full-time employee.