New Commercial Enterprise Definition 1/2

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

Answer: The regulations governing the EB-5 program define the term “commercial enterprise” broadly. The regulation defines a “commercial enterprise” as: [A]ny for-profit activity formed for the ongoing conduct of lawful business. See 8 C.F.R. § 204.6(e). The regulation provides a list of examples of commercial enterprises and specifically states that the list is not exhaustive.

The regulation provides that the commercial enterprise must be one that is designed to make a profit. Certain charitable organizations do not qualify and the definition does not include “noncommercial activity” such as owning and operating a personal residence.

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