A New Commercial Enterprise

New Commercial Enterprise Not Associated With a Regional Center

For a new commercial enterprise that is not a troubled business and is not located within and associated with a regional center, the program for an EB-5 investor provides that the full-time positions must be created directly by the new commercial enterprise. This means that the new commercial enterprise must itself be the employer of the qualified employees who fill the new full-time positions.

New Commercial Enterprise Located Within and Associated With a Regional Center

For a new commercial enterprise that is not a troubled business and is located within a regional center, the program for an EB-5 investor provides that the full-time positions can be created either directly or indirectly by the new commercial enterprise. Indirect jobs are those that are held outside of the new commercial enterprise but are created as a result of the new commercial enterprise. For indirect jobs, the new full-time employees would not be employed directly by the new commercial enterprise. For example, indirect jobs can include those held by employees of the producers of materials, equipment, or services used by the new commercial enterprise.

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