No. Each of the ten positions must be full-time, meaning at least thirty-five hours per week, filled by a qualifying U.S. worker. Two part-time positions cannot be combined, though a genuine job-share of one full-time position between two employees can count as one.
Thirty-five hours, year-round, on the enterprise's payroll
The regulation defines a full-time employment position as one requiring a minimum of thirty-five working hours per week, and it excludes combinations of part-time positions even if together they equal thirty-five hours. Job-sharing—two employees sharing one full-time position—is permitted and counts as one job. Seasonal restaurant staffing, in which servers work forty hours in July and none in January, does not describe a permanent full-time position.
For a direct EB-5 restaurant the investor must therefore design an operation with at least ten year-round full-time roles: kitchen, service, management and administration, each documented by payroll and Form I-9 records. Qualifying employees are U.S. citizens, permanent residents and other immigrants authorized to work; the investor's own family and any nonimmigrant workers are excluded.
Together with the qualifying capital, its lawful source and path, the at-risk requirement and the investor's engagement in management, the ten jobs must be shown at the removal-of-conditions stage, not merely promised at the petition stage.