New Commercial Enterprise Definition 2/2

Posted on 08/25/2012 by Mark A. Ivener, A Law Corporation

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Question: Would a joint venture be considered an acceptable new commercial enterprise? Are only wholly owned subsidiaries considered new commercial enterprises? Please explain.

Answer: Joint ventures and wholly owned subsidiaries are mentioned in the non-exclusive list of what would be considered a commercial enterprise. The determination of whether a wholly owned subsidiary meets all of the statutory and regulatory requirements of the EB 5 program is made on a case-by-case basis.

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

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Mark Ivener is an experienced business and EB-5 immigration attorney who has written 5 books on Immigration Law as well as has written numerous articles and spoken at many events on EB-5 topics.

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