If you are in the regional center context, these would be considered indirect employees. If you are in a direct context, not having these employees on your payroll would be quite the hurdle. The control of these “employees” could be used, but we would need to review the arrangement fully.
To count these independent contractor jobs you may structure your business as an EB-5 Regional Center project. On this basis indirect jobs may be calculated to show the required jobs have been created.