The investment must create at least 10 full-time jobs for US citizens, lawful permanent residents or other immigrants lawfully authorized to be employed in the US.
This means employment of a qualified employee in a position required a minimum of 35 working hours per week. Although two employees may share a full-time position, part-time employment is specifically excluded. Therefore, a combination of two or more part-time positions will not qualify, even if they collectively meet the 35 hour per week requirement.
This includes conditional residents, temporary residents, asylees, refugees, and recipients or suspension of deportation, but does not include non-immigrants (example H1B, L1A, E2, etc). In calculating the required number of employment positions, the investor may not include spouses or children, but may include other family members who are employed by the business.
If the enterprise is a “troubled business” (having lost 20% of its Net Worth), investor must provide a business plan and proof that existing employees will be retained in the next two years.