That the investment created at least ten full-time positions for qualifying U.S. workers or can be expected to create them within a reasonable time. The I-829 evidence must support the applicable actual-creation or reasonable-expectation showing.
The proof changes over the two years
Hypothetical example: At the outset the case rests on a credible plan: what the enterprise will do, whom it will hire, when, and why the projections are reasonable. By the time conditions are removed, the question is what actually happened, and the evidence is payroll records, tax filings, employment records and the enterprise's operating history. A Selwyn investor should therefore build record-keeping into the enterprise from the first month rather than assemble it under time pressure at the end.
Where the investment goes through a regional-centre project, job counting follows the project's approved methodology, which may include indirect positions, and the investor should understand exactly what is being counted on their behalf. The obligation remains attached to the investor's own petition regardless of who prepared the model.