No. Borrowing secured by enterprise assets is excluded even if the investor also promises personally to repay.
Read every collateral clause
The test is not who promised to repay but what stands behind the promise. Where a note is secured by the assets of the business being bought - its equipment, inventory, receivables or goodwill - that borrowed amount is not the investor's capital at risk, because the enterprise itself absorbs the loss on default. Adding the buyer's signature as guarantor does not lift the lien or change that analysis.
Borrowing secured only against the investor's unrelated personal property, or genuinely unsecured personal borrowing, is analysed differently and can count, which is precisely why the security documents must be read line by line instead of summarised. Work out the qualifying figure by identifying the borrower, the collateral described in each security instrument, any financing statement filed against the company, and the payment terms; then reconcile the buyer's own cash against the financed balance without counting a dollar twice. The rest of the case still stands on its own footing: treaty nationality for the investor and for at least half the ownership, capital irrevocably committed and substantial in proportion to the total cost of acquiring or creating this enterprise, a real operating business that is more than marginal, and an investor who develops and directs it rather than holding a passive stake — all held in a temporary status that carries an intent to depart when it ends and opens no direct path to permanent residence.