The timelines for job creation should show the jobs will exist for two years. For a direct investment, any direct, full time employee of the enterprise could be counted. For regional center investments, indirect jobs can also be counted.
The facts of your case apparently covers a direct EB-5 investment. That is, you personally are investing your funds in a new commercial enterprise which is also the job creating entity and you will become an equity owner. First, your partner a U.S. Citizen may be considered to be a direct full time employee of the job creating entity. Second, your personal funds may be invested and committed to the new commercial enterprise which is also the job creating entity and the required jobs can be created before you actually obtain your conditional permanent residency. The general EB-5 policy is that the jobs required to be created should occur within a 2 1/2 year period after your investor petition is approved. However, based upon the reality of time delays we must show in the comprehensive business plan that the jobs created were created as a result of your investment and will be maintained at least until the time of the I-829 petition and finalization of the conditions being removed. Please note that you will obtain the conditional residency for a two-year period and before the end of that two-year anniversary you'll have to file a I-829 petition to remove those conditions. The petition process and adjudication to remove the conditions might take up to 12 months and therefore the jobs need to be maintained during this period of time.