To qualify for the EB-5 visa, applicants are required to invest in a New Commercial Enterprise (NCE) that operates as a for-profit business within the United States. The NCE can adopt various business structures, including corporations, partnerships (general or limited), sole proprietorships, business trusts, or other privately or publicly owned entities.

EB-5 investments are always made into the EB-5 Fund, also known as the NCE. The NCE will then directly invest the EB-5 funds into the Job-Creating Entity (JCE, the entity responsible for creating the jobs), or by investing into a series of intermediary entities designed to shield the JCE from legal liabilities.

• That the applicant has invested in a for-profit venture satisfying the above-mentioned criteria
• That the area is indeed a TEA (if applicable)
• That the applicant will be involved in the business as a manager
• That the new venture will require 10 new employees, as described in the previous section
• That, for 2 years following the petition, the number of employees will not dip below the pre-investment levels (if investing in a troubled business)