What is a New Commercial Enterprise?

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A commercial enterprise is any for profit activity formed for the ongoing conduct of lawful business. It may be a sole proprietorship, partnership (limited or general), holding company, joint venture, corporation, business trust, or other entity, and may be publicly or privately owned. A commercial enterprise does not include a noncommercial activity such as owning and operating a personal residence.

The establishment of a new enterprise includes the creation of an original business, the purchase of an existing business, or the expansion of an existing business.

If the foreign national chooses to purchase an existing business, the business must be reconstructed or recognized in such a way that a new commercial enterprise results. If the foreign national chooses to expand an existing business through the investment of the required amount of capital, a substantial change in the net worth of the business or the number of employees must result from the investment of capital. A “substantial charge” means a 40% increased in the new worth or the number of employees in the business. This does not exempt the foreign national from the requirements relating to the amount of capital investment and the creation of full-time employment for ten qualifying employees.

To learn more about EB-5 Green Cards, read the Frequently Asked Questions section which may answer your initial questions.

To learn more about the EB-5 Green Card program, schedule a free consultation with EB-5 Green Card attorney Mark Ivener. Your total investment will vary with your investment choice, your due diligence, and other factors.

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