The EB-5 Immigrant Investor Program was created by Congress as a means to stimulate economy by foreign investors through new jobs creation and investment.
In order to qualify as an EB-5 investor, one must invest in an established new commercial enterprise:
- After the date of Nov. 29, 1990; or
- On the exact date or before the date of Nov. 29, 1990, that was:
- Purchased an existing structure that was reconstructed or reorganized into a new commercial enterprise
- Investment expansion resulting in at least a 40% increase of employees working or increased net worth through expansion
Commercial enterprise includes, but is not limited to, the following:
- 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 pertains to commercial enterprises consisting of established companies and does not pertain to any noncommercial activity. An example of noncommercial activity would be the ownership and operation of a personal residence.
Seek legal advice from attorney Ramona Kennedy, our goal is to guide you with your specific case and decision regarding whether or not you qualify for TEA within the EB-5 employment visa.