What is ‘enterprise’ in EB-5?

In EB-5, an enterprise (commercial business) is the business that receives the investor’s capital. It is the structure where foreign investment is put to work to create jobs and, in doing so, support the green card petition.

In practice, the term refers to any legally established commercial business in the United States that operates for profit. It may be a business created specifically to receive the investment or, in certain situations, an already existing operation, provided it meets the program’s requirements, including the creation or preservation of jobs.

What matters is the commercial nature and structural compliance of the enterprise. It may take different legal forms, such as corporations or limited liability companies, as long as it respects immigration rules and the economic purpose of EB-5.

Because structuring an enterprise involves both corporate and immigration law simultaneously, it is worth seeking specialized guidance to set it up correctly and confirm the current requirements with the relevant authorities.

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.