Short answer: EB-5 requires investment in a new commercial enterprise (NCE) linked to job creation. Restructuring or expansion can qualify as “new” when rules are met. Documents must show funds entered the NCE.
EB-5 New Commercial Enterprise Definition
Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director
Summary
Capital must go into a qualifying NCE tied to job creation.
FAQ
Buy an existing company?
Depends on new-enterprise or troubled-business rules.
Only lend to the project?
Must meet the definition of investment, not pure debt.
Multiple investors one NCE?
Common in regional centre structures.