New Commercial Enterprise

Green Cards > Employment Green Card > New Commercial Enterprise

A commercial enterprise includes partnerships, holding companies and wholly-owned subsidiaries of for-profit businesses.  Note that the applicant does not need to actually establish the commercial enterprise – it is enough to just “invest” the required amount in a new commercial enterprise. 

There are two ways to meet the “new” standard:

·         The relevant commercial enterprise is in a company formed after November 29, 1990; or

·         If the relevant company was founded before November 29, 1990,

o   The company has been restructured or reorganized so a new commercial enterprise results (although if the applicant causes a net loss of jobs, that is grounds for disqualification); or

o   The company has been significantly expanded in terms of number of employees or net worth.  The increase for either net worth or number of employees must be at least 40%.  Note that for the 40% increase in net worth, all of the money contributed by all investors, not just the applicant, can be counted.