Not automatically. Distinguish the position from successive employees and apply the actual job-creation framework. A cumulative list of names can overstate the relevant result.
Reconstruct the employment account
Explain when positions existed, who occupied them and their hours. Do not assume every replacement, vacancy or transfer has the same legal consequence without reviewing the actual evidence.
The lower threshold is available only where the enterprise is principally doing business in a targeted employment area — a rural area, or an area of high unemployment — or where the investment is in a qualifying infrastructure project. Years of earnings records, tax filings, business sale agreements, loan documents and transfer confirmations may be needed to trace the funds, and a job-creation methodology has to hold up on review. A complete personal funding history does not establish the project's job-creation evidence, and a polished project presentation does not establish that the investor's capital came from a lawful source, so both sides need independent confirmation. Ask the sponsor to explain in writing how the job-creation methodology works for this structure, then have counsel confirm whether the claimed direct or indirect jobs are permitted by the arrangement being offered.