The actual employment arrangement matters. A spreadsheet label does not make an independent contractor a qualifying direct employee.
Document the real position
Identify duties, the employer relationship and qualifying full-time hours of at least 35 weekly. The investor, spouse, sons or daughters and nonimmigrants are excluded from qualifying employees. The proposal needs at least ten qualifying permanent full-time jobs per investor, not simply ten payees; assess the real records and applicable method.
The applicable minimum depends on whether the enterprise is in a targeted employment area or otherwise qualifies for a reduced threshold; standard and reduced amounts differ, and infrastructure, rural and high-unemployment projects are also treated as distinct set-aside categories with their own visa allocations. Qualifying capital placed at risk in a new commercial enterprise, lawfully sourced and traceable; creation of at least ten full-time jobs for qualifying United States workers; the investor's engagement in management or policy formulation; and two years of conditional residence before conditions are removed. Under the 2022 legislation the standard investment amount is one million fifty thousand United States dollars, with eight hundred thousand for a qualifying targeted employment area or infrastructure project, and the statute provides for periodic adjustment.