No. Apply the specific qualifying-worker rules. Nonimmigrants are not qualifying employees for this purpose merely because they have employment authorization, and the investor, spouse and children are excluded. The business needs the required qualifying full-time jobs, not simply ten names on payroll.
Check the position as well as the person
Review the actual full-time arrangement, generally at least 35 hours per week, and the evidence required for the case. Genuine job sharing can differ from adding separate part-time positions. Do not assume payroll totals answer both questions.
Audit every proposed position against the EB-5 definition rather than counting work authorization cards. The enterprise generally must create ten full-time jobs for qualifying US workers; the investor, spouse, and children do not count, and nonimmigrant workers are not made qualifying merely by employment permission. Confirm hours, permanence, employer, expected creation date, and worker status with records appropriate to a direct or regional-center structure. Also verify the current capital level: US$1,050,000 generally, or US$800,000 for a targeted employment area or infrastructure project. Trace lawful source and path of all invested funds. Regional-center investors use Form I-526E, while direct investors use Form I-526. Residence is conditional for two years, with Form I-829 ordinarily filed during the 90-day period immediately preceding the second anniversary. The usual error is treating any ten payroll entries as ten qualifying positions.
Hypothetical example: A Sherbrooke food-processing-equipment founder plans a direct American plant employing eight permanent residents, one temporary-status technician, and the founder’s adult daughter. The last two cannot simply fill the remaining EB-5 slots. Before filing Form I-526, the business should revise its position model, document qualifying full-time roles, and align hiring evidence with the investment and lawful-funds record rather than relying on total headcount.