It will depend on a variety of factors, that would require many additional details. A formal consultation with an experienced EB-5 attorney (like those at our law firm) would be of great benefit to you. Something like this would be challenging to handle without an experienced professional.
You definitely need to retain the services of an experienced EB-5 attorney. The set of facts you state will not be EB-5 compliant as your investment will not be at risk. Your investment is in a fixed asset with a definite value, therefore your investment in the U.S. business is not at risk.