You can apply for an I-526 EB-5 Petition depending on the reason for your denied non-immigrant visa. It is crucial to review the grounds for denial with an Immigration Attorney to determine whether the denial can be overcome.
The U.S. immigration laws allow you to file a subsequent I-526 petition even though previous non-immigrant petitions have been filed and denied. Furthermore, you my file multiple immigrant petitions at the same time and rely on the immigrant petition that is approved first to move forward and apply for permanent residency. However, a review needs to be completed as to the reasons for denial of a non-immigrant petition or immigrant petition and/ or the denial of subsequent applications for a non-immigrant or immigrant visa. One may need to determine if the denial was based on a ground of inadmissibility and if the ground can be overcome with a waiver application. However, some grounds of denial for a non-immigrant visa such as fraud and misrepresentation could be a ground that cannot be overcome. Therefore, it is essential to review the previous grounds of denial especially at the visa issuance stage.