A “new commercial enterprise” in the EB-5 context refers to any for profit business entity established after November 29, 1990, or an existing business that has restructured or expanded to meet specific criteria such as increasing the net worth or employee count by at least 40%. Eligible entities include corporations, partnerships and LLCs, but personal or non commercial activities like owning a residence do not qualify. The investment must contribute to an active, lawful business that can generate jobs for US workers.
How can I ensure compliance during government audits or site visits?
You must comply with immigration and employment regulations to conduct any formal government audit or site visit. Ensure that all records, including completion by current employees