A new commercial enterprise is defined as an enterprise that is established after November 29, 1990. There are certain exceptions to the new commercial enterprise requirement which include investment into a business formed prior to November 29, 1990 whereby the purchased business is restructured or reorganized so that a new commercial enterprise results or the investment expands the business so that there is a 40% increase in the net worth or number of employees. Generally, it is less risky to just invest in a newly created commercial enterprise, but some circumstances may make sense into investing into an entity formed after November 29, 1990.  While an existing business can be purchased, generally it is essential to be able to prove that an additional 10 full time US jobs will be created from the invested EB-5 funds.