Both the EB-5 and E-2 visa programs provide flexibility in the nature of business qualifying as long as it is active, legal, and for-profit. In the case of the EB-5 visa, the enterprise has to be a “new commercial enterprise,” encompassing most legal for-profit business activities initiated on or after November 29, 1990. Good examples are start-up businesses, franchises, manufacturing businesses, restaurants, and region center-sponsored real estate projects, among others. If investing in a pre-existing business, the EB-5 investor will either need to reorganize the business substantially or increase its net worth or number of employees by at least 40%. For the E-2 visa, the investor will need to be closely involved in controlling and growing the business. Admissible businesses are diverse—ranging from retail shops and professional services companies to technology start-ups and consulting businesses. The business cannot be marginal, i.e., it should be capable of generating substantial economic activity, and speculative or passive investment is not permitted. In both visa categories, the most significant issues are whether the business is commercially viable, job-creating, and in line with U.S. immigration policy on management control and investment.