How can a non-profit participate in the EB-5 program?

A non-profit is not able to receive EB-5 funds through a regional center.

While the new commercial enterprise has to be a for-profit entity, the job creating entity may not have to be for-profit.

It will be difficult for a non-profit to participate, as it must be a commercial enterprise for profit. There is no direct way for a non-profit to participate. I would suggest you consult with counsel, preferably with an attorney board certified in immigration and nationality law who has substantial experience in representing EB-5 investors as well as EB-5 regional centers and the job creating entities.

Generally, it is very rare that a non-profit organization will receive funding through EB-5. This is because EB-5 funds are intended to be investment for profitable purposes. Typically, commercial enterprises tend to undertake those projects.

The JCE or job-creating commercial enterprise needs to be a for-profit commercial entity. It is however possible for a non-profit to develop an EB-5 project, but it must be carefully structured.

EB-5 investment must be made in a new commercial enterprise (with certain exceptions for investment in a preexisting business). The key concept here is "commercial," meaning any for-profit activity for the ongoing conduct of lawful business. The term new commercial enterprise does not generally include a non-profit enterprise, such as a 501(c)(3) tax-exempt organization. However, certain types of corporations with a social purpose in mind may be formed which would allow for investment into for-profit activity, which could potentially attract EB-5 investors. Other scenarios may include transactions that are properly structured between a project within a regional center and a non-profit entity receiving EB-5 investment funds. A regional center handling its specific projects must be for-profit.

Unfortunately, no.

EB-5 is specifically designed for a for-profit new commercial enterprise. However, you may also want to explore this question with an investment immigration attorney.