How can a non-profit participate in the EB-5 program? - EB5Investors.com

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

I have read that EB-5 investments must be made into commercial enterprises. Is there any way for a non-profit to receive EB-5 funds through a regional center?

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

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.

Olga Karasik

Olga Karasik

Immigration Attorneys
Answered on

Unfortunately, no.

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
Answered on

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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.