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Hiring new employees at golf course to fill out-sourced positions?
An interesting question raised by another immigration attorney:
"A golf course was out-sourcing the works needed to another company, but now an EB-5 investor wants to invest 1 Million USD and wants to hire new employees for the works that were formerly being done by out-sourced employees by another company. Does this qualify as new jobs?"
I would argue that new jobs have been created, although it could be argued that the jobs just moved from one company to another. However, this argument is too vague, because one could still argue that the other company can now out-source their employees to another project. However, there is a possibility that USCIS would argue that these "out-sourced" employees were actually the employees of the golf course owning company and not the out-sourcing company. Also, the USCIS could argue that these are not new positions created, although the employees might be different: that the same positions existed before and after, no matter which persons fill the positions. This is a more conservative approach to take IMO. From this perspective, it's a risky EB-5 project.
This is one of those issues that USCIS should answer.