EB-5 Visas

All EB-5 investments must be made into a new commercial enterprise. To qualify as a new commercial enterprise, a company must be a for-profit enterprise formed in the U.S. established after November 29, 1990.

Regional Centers usually create and manage the New Commercial Enterprise for each sponsored capital investment project.

Direct EB-5 Investments generally require the investor and partners (if any) to create their own New Commercial Enterprise.

As an exception, companies formed before November 29, 1990 can qualify as a new commercial enterprise if the investment project will restructure or reorganize the company in a very significant way, or, the company’s operations will be expanded through the investment so that there is a 40% increase in the company’s net worth or its number of employees. Any type of company can qualify as a new commercial enterprise.

For example, limited partnerships, limited liability companies or corporations all are eligible to qualify as a new commercial enterprise.

For Direct EB-5 Investments, the definition of New Commercial Enterprise includes a New Commercial Enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.