No. In a direct investment the ten positions must be full-time employees of the new commercial enterprise, or of its wholly owned subsidiary, who are qualifying U.S. workers. Independent contractors and part-time staff do not count.
Count only what the payroll shows
The statute requires the creation of full-time employment for at least ten qualifying employees, and the regulations define full-time as at least thirty-five hours per week. A qualifying employee is a U.S. citizen, permanent resident or other immigrant authorized to work, and does not include the investor, her spouse or children, or anyone in nonimmigrant status. Many repair shops rely on contract welders, seasonal drivers or a bookkeeper who invoices as a business; none of those count. The plan should therefore show ten payroll positions, with wage rates, hours and start dates, and the enterprise should be prepared to convert contractor arrangements to employment where the roles are genuinely full-time. Job-sharing between two employees may fill one full-time position only where it meets the specific rule. When the removal-of-conditions petition is filed, USCIS will look at payroll tax filings and employee eligibility verification records, so keep those from the first hire.
Hypothetical example: a commercial-laundry enterprise forecasts twelve hires but plans to contract out pickup drivers. The first review should classify each proposed worker by employer, hours and immigration eligibility before counting the positions. Payroll projections, job descriptions and the business plan settle whether ten qualifying full-time jobs are credible. Replace contractor assumptions with genuine payroll roles where the operating model supports it, and keep quarterly wage and tax records from the first hire; a promising sales forecast does not establish the statutory job count.