No. The original lawful source, actual return, path into the new enterprise, and new investment requirements must be documented.
Treat the earlier exit as one link in the chain
A distribution that has been declared but not paid is a claim, not capital. Ask first whether the money is in the investor's own hands and traceable, then test it against what the category requires. The capital must be lawfully obtained, and the record has to run back to how the original money was earned, not merely to the earlier holding it sat in.
It must then be irrevocably committed and genuinely at risk in the new commercial enterprise, so a redemption right, a guaranteed buy-back or a fixed repayment date from the earlier deal cannot be carried across into the new subscription documents. The amount must meet the statutory tier applicable on the filing date: US$1,050,000, or US$800,000 where the enterprise qualifies through a targeted employment area or an infrastructure project, with the next statutory adjustment due 1 January 2027. The enterprise must be structured to create at least ten full-time jobs for qualifying U.S.
workers under the method that applies to it. And the investor must participate in management or policy formulation rather than hold a passive interest. Nothing about an earlier exit shortens that list; it only changes how the first condition is proved.
Individual eligibility advice should come from a U.S.-licensed immigration lawyer.