To answer your question let us assume that the closed business has not been operating for a substantial period of time, e.g., for a year or two. In addition, there has been no business activity and for this period of time there has been no employment creation. On this basis we may consider this purchase as not a purchase of an existing business or trouble business. Therefore, your EB-5 investment would be used in fact for buying the building and other fixed assets, and furthermore the EB-5 investment may be used to construct and/or refurbish the actual buildings on this location. Therefore in this case your EB-5 investment may be considered to be in a new business enterprise not an existing or troubled business.
Depending on the history of the business, it may be able to be classified as a “new” business. Either way, retaining qualified EB-5 counsel, like our law firm, would be beneficial in creating an immigration plan and navigating the EB-5 rules and regulations.