EB-5 provides a wonderful opportunity for non-American investors to take advantage of this special program. Our company has an experienced attorney who has successfully handled these types of business situations many times in the past.
All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise.
You may invest in a business that was established after Nov. 29, 1990, or was established on or before Nov. 29, 1990, that is:
1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs
Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to: A sole proprietorship, Partnership (whether limited or general), Holding company, Joint venture, Corporation, Business trust or other entity, which may be publicly or privately owned.
Note: This definition does not include noncommercial activity such as owning and operating a personal residence.