[Q] Will changing 12 existing part-time positions into 10+ full-time positions count as requisite job-creation?
[Q] If an alien investor makes requisite investment into a business and turns 12 part-time positions into 12 full-time positions, will this count as more than 10 full-time jobs?
Interesting question. We think (we are not sure as CSC has not answered this one definitively) that CSC would say "no", because they would argue that these were existing part-time positions which got "upgraded" to full-time positions and therefore, they are not "new" jobs. However, one can easily argue that even though the existing part-time jobs were NOT "new", full-time jobs are indeed "new".
Again, one can make a strong argument that there is nothing in the EB-5 statues and regulations prohibiting this kind of "full-time" jobs from being counted, but here is the problem: USCIS can also argue there is nothing in the EB-5 statues and regulations that says you can do this. Who's right? We believe where the issue is grounded in real life situation, and relevant EB-5 statues and regulations do not prohibit specifically, USCIS should follow practical approach and count this kind of full-time jobs.
Does this make sense? We do not think so. Anyway, this question should be posed to CSC directly.
The reason why we believe EB-5 Program has not reached its potential is precisely because there is no clear guidance on this type of questions. It's weird when the EB-5 Program has been in existence for over 15 years but to date, there has been no answers to these kinds of important questions. We, as EB-5 practitioners, should not be timid about asking this type of questions.