Extra hours alone do not establish an additional qualifying permanent full-time position.
Identify the positions the evidence actually supports
A payroll-hours total is not automatically a job count. Apply the permitted methodology to the actual positions and workers rather than divide all paid hours into convenient blocks and call each block a qualifying job.
Identify ten positions, weekly schedules, and each worker’s qualifying status. EB-5 generally requires ten full-time jobs; overtime added to an existing role does not become another position, and the investor or derivative family members cannot be counted. The ordinary capital floor is US$1,050,000; an eligible targeted employment area or infrastructure investment uses the US$800,000 level. Trace every contribution’s lawful origin and route. A regional-center participant uses I-526E, while the petition for a direct venture is Form I-526. The investor needs management or policy involvement. Approval leads through the immigrant process to two-year conditional residence, with Form I-829 filed during the 90 days immediately before the second anniversary to seek removal of conditions. Derivative eligibility may extend to a spouse and qualifying unmarried children younger than 21.
Hypothetical example: An investor near Petit-Saguenay reviews a direct forest-products plant whose spreadsheet converts weekend overtime into three supposed jobs. The investor requests a position roster, payroll assumptions, organizational chart, and job descriptions instead. Eight continuing full-time roles plus heavier hours remain eight positions, so the hiring plan is revised before Form I-526. Separately, bank and sale records trace the invested funds, and the family calendars the conditional-residence stage rather than treating petition filing as immediate status.