How can a job be counted as both direct and indirect for EB-5 purposes?

In general, a job may not be counted twice. Your example does not make it clear, but it appears that an EB-5 regional center is the landlord for an EB-5 direct business, so there would be overlapping EB-5 projects. While this is a novel approach, I doubt that USCIS will allow any job to be counted twice, even if it is for two different EB-5 cases. You should consult with an experienced EB-5 immigration attorney who can advise you on the specific requirements for EB-5 job creation, how the USCIS might treat your particular situation, and options you might have to structure your job creation model to comply with EB-5 requirements.

The EB-5 attorney and economist you retain should have substantial experience and expertise to advise you of the required job creation. There are difficulties in calculating tenants'' employees towards the job count. Before you start your own EB-5 project you may conclude that tenant jobs may be too problematic.

The required employment is based in the new commercial enterprise/job creating entity. Seek a qualified team of professionals, including economists, to assist with job creation reports using acceptable methodology.

Direct employees are counted for the hiring business. Counting the same employee as direct and indirect only invites an RFE from USCIS.