[HOT] Can I use my successful E-2 business and apply for EB-5 case?

Let's assume that an E-2 investor has started a new Chinese restaurant in 1995, invested over $1 Million USD directly from his individual asset and hired and retains more than 10 full-time workers. Can he now in 2011 use the current E-2 business and apply for I-526, based on his already having invested more than $1 Million USD and already having created more than 10 full-time jobs?

In our opinion, why not? It's a "new" commercial enterprise, and you hired more than 10 full-time employees. Moreover, there is no prohibition against using the more than 10 jobs already created before filing I-526 petition.

However, you need to still maintain more than 10 jobs by end of your conditional permanent residence period.