“New” Commercial Enterprise Defined

In its effort to spur job creation in a wide variety of businesses, the EB-5 Program has presented a broad definition of what constitutes a “new” commercial enterprise into which the immigrant investor can invest the required amount of capital and help create jobs.

The EB-5 Program defines “new” as “established after November 29, 1990.” The immigrant investor can invest the required amount of capital in a commercial enterprise that was established after November 29, 1990 to qualify for the EB-5 Program, provided the other eligibility criteria are met.

Taken from USCIS Policy Memorandum regarding EB-5 Adjudications Policy on November 9, 2011.