Can I buy an existing business for EB-5?

Yes, it is possible to use an existing business in the EB-5 program. Investors are not required to start a business from scratch: what matters is that the enterprise qualifies as an eligible commercial enterprise and that the investment contributes to creating the jobs the program requires.

In practice, acquiring an operating business typically involves restructuring or expansion, precisely so that the investment results in the creation or preservation of the required jobs. Capital must be genuinely at risk and committed to the enterprise, not merely deposited or invested passively.

• The business must qualify as an EB-5-eligible commercial enterprise.
• The investment must help create or preserve the jobs required by the program.
• Capital must be at risk, with no guaranteed return.

Before closing a purchase, a thorough review of the financial, operational, and legal aspects of the business is advisable, preferably with the support of reputable professionals. This reduces the risk of fraud and proposals that promise guaranteed approval.

Since eligibility criteria are evaluated on a case-by-case basis and rules may change, confirm current requirements with USCIS or a qualified specialist before investing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.