Question:

The issue you face here is dual intent. If you are already here on a nonimmigrant visa (the B), you had to have shown intent to leave the U.S. at the end of the period of authorized stay. If wish to apply for an immigrant visa (the EB-5) during that time, it contradicts that intent to depart and could cause issues. Looking at it from the other way, if you apply for the immigrant visa (EB-5), you can’t show the intent to depart the U.S. for a new B visa. Fortunately, having someone in the U.S. operate the business that you are investing in shouldn’t cause any issues with the pending I-526. However, it is best to retain qualified U.S. immigration counsel with EB-5 experience (like our law firm) to assist and represent you.

You cannot operate a business with a B-1/B-2 Visa. Under a B-1, visa you can start a new business, but you can’t work in the business, unless you qualify for an E-2 Investor Visa.
During the processing of an I-526 petition, you do not obtain any work approval until you receive your two-year Conditional Green Card. If you are filing an I-526 based on your own investment and are not from an E-2 treaty country, you need to have someone manage and direct the business for over a year until you get your EB-5 Green Card.

During the I-526 process you cannot live and work intend U.S. under the B1-B2 status. You can visit the U.S. to enter into business agreements and visit places of interest under the B1/B2 status. Also during the I-526 process you do not obtain a temporary green card. The approval of the I-526 petition will be the basis for the investor to apply for the conditional permanent residency through the U.S. Consulate. Once the conditional permanent residency is obtained then only at this stage you can live and operate a business in the U.S.