Obtaining an EB-5 Green Card requires a significant investment in a new commercial enterprise (NCE) and the creation of at least 10 jobs for U.S. workers. Understanding what qualifies as a new commercial enterprise and the job creation requirements is crucial for a successful application.
What is a New Commercial Enterprise?
A new commercial enterprise is defined as any for-profit activity organized into a lawful business. This can include a wide range of business forms such as:
- Corporations
- Limited Liability Companies (LLCs)
- Sole Proprietorships
- Holding Companies
- Partnerships
- Joint Ventures
The definition is intentionally broad to encompass various types of business activities, as long as they are for-profit and legally established.
Definition of "New" in the Context of EB-5
For the purposes of the EB-5 program, “new” means any commercial enterprise established after November 29, 1990. This date marks the creation of the EB-5 visa category by Congress. Therefore, any business formed on or after this date qualifies as a new commercial enterprise.
Job Creation Requirement
One of the critical requirements for an EB-5 visa is job creation. The new commercial enterprise must create at least 10 full-time jobs for U.S. workers. These jobs must be:
- Direct Jobs: Created directly by the enterprise within a reasonable time frame, typically within two years of the investor’s admission to the United States as a Conditional Permanent Resident. The NCI must create 10 full-time jobs. These must be for U.S. Citizens or Green Card holders. Part-time jobs do not count.
- Indirect Jobs: In some cases, jobs created indirectly through the enterprise’s economic activity may also be counted, especially in regional center projects.
Conclusion
In summary, to qualify for an EB-5 Green Card, applicants must invest in a new commercial enterprise, defined as any for-profit business established after November 29, 1990, and create at least 10 full-time jobs for U.S. workers. Understanding these requirements is crucial for a successful application.
If you have questions about the EB-5 program or need assistance with your application, we invite you to take advantage of our free resources or book a consultation. Our expert team is dedicated to supporting your immigration journey.
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