New Commercial Enterprise

You must submit evidence that you have invested in, or are actively in the process of investing in, a “for profit” new commercial enterprise that was established:

• After Nov. 29, 1990, or

• On or before Nov. 29, 1990, that was:

  1. Purchased (and the existing business is restructured or reorganized in such a way that a new commercial enterprise results); or

  2. Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

If applicable, you must submit evidence that an individual or entity established the new commercial enterprise and, if you seek eligibility under the reduced investment amount, you must also submit evidence of the targeted employment area (TEA). For the definition of a TEA and information about investment amounts, see About the EB-5 Visa Classification. For information about how to demonstrate that the investment is in a TEA, see Volume 6, Part G of the USCIS Policy Manual.

Managing the New Commercial Enterprise

You must submit evidence that you are, or will be, managing the new commercial enterprise (either through day-to-day managerial control or through policy formulation).

Investment

You must submit evidence that you have invested or are actively investing the required amount of capital. (For the minimum investment amounts, see About the EB-5 Visa Classification.)

You must submit evidence that the investment capital was obtained through lawful means. The petition must be accompanied, as applicable, by:

• Foreign business registration records;

• Corporate, partnership (or other entity), and personal tax returns, or other tax returns of any kind you or someone on your behalf filed within the last 5 years, including any taxing jurisdiction in or outside the United States;

• Evidence identifying any other source of capital; or

• Certified copies of any judgments or evidence of all pending civil or criminal actions, governmental administrative proceedings, and any private civil actions (pending or otherwise) involving money judgments against you from any court in or outside the United States within the past 15 years.

 Job Creation

You must submit evidence that the new commercial enterprise will create at least 10 full-time positions for qualifying employees. If the entity responsible for job creation has not documented the requisite employees, you must submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for at least 10 qualifying employees will result.

Job Preservation--Troubled Business

You must submit evidence that the number of existing employees is, or will be, maintained at no less than the pre-investment level for at least 2 years. Submit photocopies of tax records; Form I-9, Employment Eligibility Verification; or other relevant documents for the qualifying employees, and a comprehensive business plan in support of the petition.

Investment

You must submit evidence that you invested in, or are actively investing in, a new commercial enterprise. This evidence may include copies of the business’ organizational documents and federal tax returns.

You must submit evidence that you have invested, or are actively investing, the required amount of capital. Such evidence may include an audited financial statement or other probative evidence.

You must submit evidence that you have sustained your investment in the new commercial enterprise throughout your 2 years of conditional permanent residence. This evidence may include:

• Invoices and receipts;
• Bank statements;
• Contracts;
• Business licenses;
• Federal or state income tax returns; and
• Federal or state income quarterly tax statements.

 Job Creation

You must submit evidence that you created, or will create, within a reasonable time, 10 full-time jobs for qualifying employees. Such evidence may include:

• Payroll records;
• Relevant tax documents; and
• Forms I-9 for employees.

Job Preservation--Troubled Business

You must submit the same documentation for job creation listed above, but the evidence must show that the commercial enterprise maintained the number of existing employees at no less than the pre-investment level for the period following the investor’s admission as a conditional permanent resident.