Investors – Employment Creation

Foreign nationals who wish to invest one million U.S. dollars (or in some instances five hundred thousand U.S. dollars) in a new commercial business that employs at least ten full time U.S. citizens or lawful permanent residents and manages the business on a day to day basis may obtain conditional permanent residence status in the United States. The conditional permanent residence status may be removed after two years if the investor satisfies that a new commercial enterprise was established and sustained and that at least ten full time jobs were created for U.S. citizens for lawful permanent residents.

There are 10,000 visas available for this category of which 3000 are carved out for government approved regional centers for investors. The regional centers have been approved by USCIS as an organization that focuses on a specific geographical area in need of economic growth. To invest with an approved regional center, the investor will need to contact the approved organization to determine the requirements. The following link lists the approved regional centers by state and are subject to change:

Approved Regional Centers

For foreign investors, there are two basic methods of obtaining permanent residence in the United States: (1) “hands on” investing in a new commercial business or (2) investing through the approved regional centers where the requirement to employ at least 10 U.S. citizens or lawful permanent residents is obviated.

Extensive documentation of the actual investment and commercial enterprise must be provided with the petition. Evidence must include:

• articles of incorporation/license to operate business;
• documentation of investment (bank records, stock certificates, receipts or contracts for assets, etc.)
• evidence of capital through lawful means (business registration, tax returns filed in the past 5 years, etc.)
• creation of 10 jobs ( tax records, I-9s, etc. detailed business plan)
• statement detailing the duties of the foreign investor demonstrating that the investor is managing the business on a day-to-day basis
• (if applicable), evidence of high unemployment in order to qualify for the $500,000.00 investment in lieu of the $1,000,000.00 investment.

For these petitions, it is common for USCIS to request for additional documentation. It is critical that the alien entrepreneur provide the necessary documentation to qualify for this petition.

How to Apply

An immigrant petition by an alien entrepreneur (Form I-526) must be completed with the supporting documentation and submitted to the appropriate USCIS service center.

The applicant has the option of consular processing abroad or filing Form I-485 (Application for Adjustment of Status) once the I-526 petition is approved. To remove the conditional residence, within 90 days of the second anniversary of becoming a conditional resident, Form I-829 must be filed.

Please contact this office for assistance in preparing the petition.

Dependents

Spouses and unmarried children under the age of 21 would qualify for lawful permanent residents and can apply at the same time as the primary applicant.