- What are the protections and guarantees in the Berkeley Regional Center EB-5 projects?
- Can I travel outside the U.S. after I receive my permanent residency?
- How many family members can immigrate through EB-5 investment?
- Is approval of my application for U.S. Citizenship after 5 years guaranteed?
- Is EB-5 a passive investment?
- How Long Should an EB-5 Investor Remain in the United States Each Year?
- If an investor has EB-5 visa and conditional green card, does he/she need to stay in the US for a minimum number of days in the first 2 years in order to gain a permanent green card? How about his/her dependents?
- What is a reentry permit?
- Can Adopted Children immigrate with me on EB-5?
- Accredited Investor
- For EB-5, What is Considered a Commercial Enterprise?
- Are there any nationality restrictions for EB-5 applicants?
- USCIS requires EB-5 investments to be “At-Risk”, so how do your projects have guarantees?
- What are the Investment Requirements for EB-5?
- Can an Investor Apply if They Have Been Rejected or Terminated in the Past by USCIS for a Previous Visa?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the I-526 Petition?
- There is a background check required for EB-5 investment, what information is USCIS concerned with?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- What is an EB-5 I-526 Petition?
- What is an I-829 Petition?
- What is a I-485 Petition
- What are the various forms and petitions for EB-5 investments?
- Targeted Employment Area
Source of Funds
- Can a Loan Be Used to Supplement My EB-5 Capital Investment?
- Can I use a Bank Loan?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift as My Source of Funds?
- Who can gift me funds for my $500,000 investment?
- Can I Use 401(k) funds for EB-5 Investment?
- What is the Source of Funds report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
- Partial Payments
- Job Creation
- Regional Center
- EB-2 / EB-3
For EB-5, What is Considered a Commercial Enterprise?
A Commercial Enterpriseis 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
- 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.
All EB-5 investors must invest in a new commercial enterprise, which is:
- Established after 29, 1990, or
- Established on or before Nov. 29, 1990, that is:
- Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
- Expanded through the investment so that at least a 40-percent increase in the net worth or number of employees occurs
Read More: EB-5 Visa Classification
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