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Commercial Enterprise

A Commercial Enterprise refers to any publicly or privately owned entity, organization as well as business trust, corporation, join venture, holding company, partnership or sole proprietorship that takes part in lawful activities with the objective of earning a profits. Refers to any activity made to carry out legal business so as to make a profit including, but not limited to, a holding company, joint venture, corporation, sole proprietorship, partnership (whether limited or general), business trust, or other organizations that may be publicly or privately owned. As long as every subsidiary conducts lawful business with the objective of earning a profit, then a holding company and its fully-owned subsidiaries are included in this description as well. Owning and running a personal house is among noncommercial activities that do not qualify as commercial enterprises. As much as a statutory amendment reaffirmed that a limited partnership formed pursuant to Uniform Limited Partnership Act of the state qualifies as a commercial enterprise; this statement clarified upon unclear regulatory language as part of the previous regulations. Among the precedent AAO [USCIS Administrative Appeals Office] cases, Matter of Izummi, has clearly stated that the commercial enterprise can conduct loaning services from a regional center perspective. This means that a limited partnership may be created in a regional center, subject to abiding by the Uniform Limited Partnership Act, to do as a commercial enterprise does and conduct commercial activities necessary for generating loans for the purpose of investment to a third-party entity that is mandated with creating new employment opportunities

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in December, and continues to work with international families that want to explore alternative residency options.

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