How can a charity participate in the EB-5 program?

Generally, a new commercial enterprise that takes in EB-5 investor's money itself must be for-profit. Hence, charity may not work at that level. Nevertheless, it may be possible for that new commercial enterprise to work with charities on certain business endeavors if the structure is set up properly. Please consult with an experienced EB-5 legal practitioner.

An investor is usually seeking a return on his investment. I suppose a charity may participate in the EB-5 program if it is possible for the charity to give a return on the investment, as spelt out in its business plan.

The legal definition of a new commercial enterprise (NCE) is limited to for-profit activity.

The purpose of the EB-5 program is to create employment. The EB-5 business needs to be able to demonstrate that the investment dollars ($500,000 or $1 million) created jobs for at least 10 U.S. workers. If the charity's purpose is to raise funds for its charitable purpose - rather than employment of U.S. workers - then it is unlikely that the EB-5 will work.

The new commercial enterprise/job creating entity must be a for-profit enterprise. Non-profits can own regional centers, but the developments must still be for-profits.

It can be tricky for a charity to participate in an EB-5 program. The individual must make an investment in a program for profit with a risk that the individual can lose the investment. When you participate in a charity, normally it is a gift, not an investment. It is conceivable that a charity could set up a separate entity that could possibly qualify under limited circumstances.

The program is set up to service "for-profit" entities. You might partner up with a for-profit entity and come up with a plan that might also serve the purposes of the non-profit.

For EB-5 purposes, the investment must be in a "for-profit" commercial enterprise.

EB-5 requires a new business enterprise that creates 10 jobs for citizens or permanent residents.

The new commercial enterprise must be a for-profit entity. A charity is not for-profit.

The regulations require that the investment for EB-5 purposes be made into a "commercial enterprise," which is defined (at 8 CFR 204.6(e)) to be "for-profit." Therefore the job-creating commercial enterprise needs to be a for-profit commercial entity. However, if structured carefully, it is possible for a non-profit to develop a successful EB-5 project.