Can the funds used to purchase real estate qualify as part of the required capital?

Based on the information you have provided, it may qualify as a direct investment, provided that you submit a comprehensive and effective business plan that fully satisfies the EB-5 requirements.

It probably could, but qualified EB-5 counsel, like our law firm, should review the plan for compliance with EB-5 regulations and policies. Also, depending on the location of this business, a $500,000 investment may be all that is required.

Yes, but you want to be careful in documenting and justifying your investment. Your business plan must be both credible and feasible for the type of business you plan to operate. Is it reasonable for such a business to purchase the commercial space, does it make sense in terms of operations (no rent, so lower overhead), or does it look like a passive, real estate investment that has no relationship to the business activity you are pursuing? As long as the purchase can be tied to making the business viable and therefore, better able to create the jobs required, you can show that all-important link between the investment, expenditure of capital, and job creation. You should consult with an experienced EB-5 immigration attorney to advise you on this matter.

Yes, that would qualify as the EB-5 investment and is very common for many direct EB-5 investors.

I would need to analyze more fully. The business must be one you can develop and direct and not be a passive investment such as buying property and hoping it goes up in value. You would also need to create ten new jobs in the business.

The facts of your case seem to suggest that your personal investment will be in your own direct new business commercial enterprise. As long as the comprehensive business plan clearly states how the investment funds are going to be committed and lead to the creation of the required number of U.S. jobs you should be fine.