Commercial Enterprise

New Commercial Enterprise

The EB-5 Program eligibility requirements are based on the fact that the U.S. economy will benefit from an immigrant investor’s investment of capital into a new commercial enterprise that, as a result of the investment, creates at least ten jobs for U.S. workers.

“Commercial Enterprise” Defined

The regulation governing the EB-5 Program defines the term “commercial enterprise” broadly, consistent with the realities of the business world and the many different forms and types of structures that job-creating activities can have. The regulation defines a “commercial enterprise” as follows:

[A]ny for-profit activity formed for the ongoing conduct of lawful business.

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