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EB-5 Visa Description

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EB-5 Visa Description 2016-12-30T12:50:00+00:00

More About the EB-5 Visa

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USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a  New Commercial Enterprise (NCE) , which is a commercial enterprise:

  • 1. Established after Nov. 29, 1990, or
  • 2. Established after Nov. 29, 1990, or
  •      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

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

NOTE: This definition does not include noncommercial activity such as owning and operating a personal residence.