Definition of “New Commercial Enterprise”

Q: Where can stakeholders find the definition of a new commercial enterprise and job creation as it pertains to an EB-5 regional center?

A: 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.” See 8 C.F.R. § 204.6(e). 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.

In addition, under the EB-5 Program, a “new” commercial enterprise also means a commercial enterprise that was established before November 29, 1990 and that will be restructured or expanded through the immigrant investor’s investment of capital.

Taken directly from USCIS EB-5 Immigrant Investor Program Quarterly Stakeholder Engagement on May 1, 2012.