All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise established after Nov. 29, 1990, or one established before that which has been restructured so that there are new enterprise goals and results, or which has a 40% increase in net worth or number of employees. A commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business as a sole proprietorship up to a corporation. This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.
Also, the investor must have a plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. The workers must be legal U.S. residents within two years of admission of immigrant as a Conditional Permanent Resident, either as direct or indirectly associated workers. The jobs can be one of two types: Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital. Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.