Can I create a sub company in a different industry to maintain my EB-5 workforce while waiting for my I-829 decision?

With the I-829 filed, your obligations for investment and job creation have ended.

Very complicated question. You have at least $500,000 at stake. I do not know any decent lawyer who is willing to give you an opinion which, if they turn out to be wrong, could make them liable for a huge malpractice award. Have you consulted with your own EB-5 lawyer?

If you have sustained your investment and created the jobs according to the business plan, you may already be in the safe zone. Starting a new business and changing the business may be permissible but it may not even be necessary in your case.

Since you have passed the end of your conditional period, if you sustained your investment throughout the entire sustain/conditional period and created the required jobs within that period, then there may not be any additional evidence needed in order to get the condition removed. Even if USCIS issues a Request for Evidence in the future, it really should be focused only on the conditional period, not what happened after. Should you choose to keep your business going until the I-829 is approved, any subsidiary must be wholly-owned by your NCE to keep it within the USCIS definition of "new commercial enterprise."

The 10 people should continue working for the company that is the subject of the investment and it should continue to operate until your I-829 is approved.

The answer is complicated and involves the redeployment of funds rule and could be considered a material change.

There is no simple answer, it requires assessment of the basis for your I-526 approval and the nature of the business.