The EB-5 rules will allow your personal investment into a new U.S. Corporation. The rule about investment in an existing company in the U.S. does not apply to an existing company in another country.
The company in the U.S. would be a new U.S. company, even though it is based on an existing foreign company. In my opinion, you shouldn’t be subject to the 40 percent requirement, but we definitely recommend retaining qualified EB-5 counsel to review your strategies and goals.