Generally no. The ten full-time jobs must be new jobs created by the investment for qualifying U.S. workers, unless the investment is in a troubled business meeting specific criteria, where preserving existing jobs may count. Confirm which situation applies before investing.
New jobs, unless the troubled-business rules apply
Hypothetical example: the New Maryland couple's target company already employs six machinists and plans to add a second shift with the investment. The EB-5 requirement is at least ten full-time positions for qualifying U.S. workers created as a result of the investment; the existing six do not count toward that number in an ordinary case.
If the company qualified as a troubled business, meaning one that has lost a substantial part of its net worth over a defined period, maintaining existing jobs at the pre-investment level could count, but that requires specific evidence. The hiring plan should therefore show ten new full-time positions, defined as at least thirty-five hours per week, with a timetable. The capital must meet the $1,050,000 or $800,000 threshold as verified, come from a lawful source through a documented path, and the couple must be engaged in management or policy formulation.
Conditional residence follows for two years, with Form I-829 filed in the 90 days before the second anniversary. The first review should result in a capital-flow chart, a job-creation model, and a timeline from petition to conditional residence and the later conditions filing. Source documents settle lawful acquisition; business records settle whether the jobs are created in the required way.
Hypothetical example: a glass-recycling entrepreneur invests proceeds from a company sale and a secured personal loan. The reviewer keeps the sale evidence and loan collateral evidence on separate branches of the chart, then tests the job forecast against the operating plan. Combining different funds without explaining each origin can make an otherwise valid source trail difficult to verify.