If you're investing in a regional center, the required 10 full time jobs will be created indirectly though the regional center project. In contrast, if you are doing an EB5 direct investment, then you will be able to hire your employees directly. In this case, the question will become whether an EB5 investor or dependent family members draw a salary or be counted as the 10 full time jobs. While there is not a rule against an EB5 investor or their dependent family members from being employed by the new commercial enterprise, employment by the EB5 investor and family members does not count towards the creation of 10 full time jobs. Consequently, whether the EB5 investor or family member draws a salary becomes more of a business and tax question. The important immigration question that most immigration lawyers will focus on is whether EB5 investment is going towards the creation of 10 U.S. jobs. It’s important that USCIS see that the EB5 investment go towards the new commercial enterprise and job creation. If the EB5 business has sufficient cash flow to pay the 10 full time employees and other expenses of the company and can still afford to pay the EB5 investor and/or family members, then drawing a salary can be considered. However, if the company does not have sufficient cash flow to employee 10 qualified U.S. employees, it is likely advisable to refrain from drawing a salary so that the EB5 capital investment can be still be considered at risk. It’s important that the EB5 investor stay in close contact with the immigration lawyer and other relevant professionals such as a good tax lawyer, so that all aspects of the EB5 investment are properly executed.