Julia RoussinovaImmigration Attorney
An EB- 5 investor may invest in a new for profit business defined as any business created after 11/29/1990. There are certain exceptions to investing in a new for profit business. Exceptions include investing funds in a for profit business created before 11/29/1990 if either one of these requirements is met: 1. A business is restructured or reorganized, thus creating a new commercial enterprise (regulations provide little insight into what degree of restructuring or reorganization must be done to establish a new enterprise but simply changing the legal form of the business does not satisfy this requirement), or 2. A business is expanded which will result in an increase of at least 40% in the net worth of the business or in the number of employees of the business (this could require an investor to create more than 10 new jobs to qualify for a visa). You should consult an immigration attorney to review and analyze your options before investing into a pre-existing business.