The USCIS has economists on staff to review the job creation projections. This is why retaining and EB-5 attorney with strong relationships with experienced EB-5 economists, as we do, is very important. We coordinate with the economists who can show the required job creation and compliance with EB5 rules and procedures.
USCIS initially had some problems accepting FTEs but since bringing real Economists on board and in light of the May 30, 2013, EB-5 Adjudications Policy Memo; FTEs should now be accepted as long as they are presented in a reasonable economic impact analysis. Determining what is "reasonable" is the real issue. You will need professional help to make the case for reasonableness. Call or e-mail me to discuss.
USCIS has capitulated on the FTE moratorium, they recognized that THEY were being "UNreasonable" on that issue.
The new EB-5 policy memorandum states you can not count part time jobs this way as full time jobs. However, you may count two workers part time hours if it is for the same full time job, not two part time jobs.