[Q] Can I invest in an existing business to create a new commercial enterprise?
Yes, as long as the business was established after November 29, 1990. But you have to remember that you cannot just take over the existing employees and meet the requirement to create 10 new, full-time positions, not including yourself and your family members.
You used to not be able to invest in an existing U.S. business to meet the requirement to establish a new commercial enterprise, but several years ago, the EB-5 law was changed to allow this, as long as the business was legally formed after November 29, 1990. See below link for USCIS' clear position on this issue: