What are considered EB-5 new commercial enterprises?

Are there any restrictions on the types of businesses that are considered EB-5 new commercial enterprises?

The EB-5 Program requires foreign investors to invest capital into a qualified EB-5 new commercial enterprise in the United States. How does that work?

The foreign investor may qualify by investing in a “new commercial enterprise” that does any one of the following:

1. To create a new business
2. To expand an existing business
3. To purchase an already existing business
4. To save a failing business

In additional, the investment must have been made after November 29, 1990, and the investor must actively manage the investment. While the investor can invest in a Regional Center project and avoid day-to-day management of their investment, they cannot passively invest in a real estate project that is used as a personal residency.

The EB-5 Program also requires the investment to create at least 10 full-time jobs for qualified U.S. workers. These workers must be employees of the new commercial enterprise. The requisite number of jobs must be created within the two-year period of time following the investor’s approval for conditional permanent residency.

For more information about new commercial enterprises, send us a message.