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 To be eligible for lawful permanent residence based on an investment you must meet the following criteria: Qualifying Investments Job Creation: Your investments in new commercial enterprises must benefit the U.S. economy and create full-time employment for at least ten worker-authorized employees, excluding you and your immediate relatives, and persons in nonimmigrant status. Saving ten jobs may also qualify if the qualifying investment is in a troubled business. Amount and Nature of Assets: The capital investment must be $1,000,000 in high employment areas and $500,000 in targeted employment areas. The capital may consist of cash, equipment, inventory, other tangible property, and easily convertible cash equivalents. Commercial Enterprise: Any for profit business can qualify, including sole proprietorships, limited or general partnerships, corporations, business trusts, joint ventures, holding companies and wholly owned for-profit commercial subsidiaries, mutual investment funds, etc. An existing commercial enterprise (which is a business established before November 30, 1990) purchased by you can also qualify without necessity for reorganization or reincorporating, if your infusion of capital increases the business' net worth or the number of qualifying U.S. workers employed by 40%. Pre-existing commercial enterprises also qualify if you save ten U.S. jobs by taking over a troubled business that has operated for-at-least two years and has incurred a net loss of at least 20% of net worth during one of the two years preceding your investment. Regional Centers: Investors may also choose to invest in designated Regional Centers. The investment amount is $500,000 for Regional Centers in government designated Targeted Employment Areas and allows for passive control and the indirect creation of 10 jobs as opposed to the requirement of the investment directly creating 10 jobs. Targeted Employment Areas include rural areas identified by the U.S. census or the Office of Management and Budget and areas certified by a State government to be experiencing average unemployment of at least 150% of the national average. Qualifying Investors Capital Contribution: You must make a qualifying investment using personally owned and legally obtained assets or indebtedness secured by personal assets (i.e. not secured by the qualifying commercial enterprise). Management: You must be engaged in management of the enterprise, either through daily managerial control or through policy formulation as a corporate officer, director, or partner. Preference Categories & Visa Numbers If your immigrant visa petition is approved, you must wait for an immigrant visa number to become available according to the preference system, a method of distributing the limited number of immigrant visa numbers available each year. How to Apply File USCIS Form I-526 with the USCIS Service Center with jurisdiction over the location of the business (currently limited to the Texas and California Service Centers). Your business creation, level of investment, source of funds, employment creation, and management are included in the initial examination. If petition is approved, you will receive conditional immigrant status. You must apply to remove conditional status during the 90 days before the second anniversary of the date you received this status, or you will automatically lose your permanent resident status. File Form I-829 to have the conditions removed. Your business and investment may be re-examined to determine compliance with regulatory requirements, including capital committed and employment created. Should the endeavor prove fruitful and successful, the conditions will be removed. |
