An application for an immigrant visa based on an investment in a U.S. enterprise must demonstrate the following:
- The Investor has invested (at least) $1 million in the Enterprise, unless the enterprise is located in a "targeted employment area."
"Investment" must be a contribution of capital in the form of equity or long term debt financing, but alien may not act solely as the creditor. Capital may be cash, equipment, or inventory, etc.
The Investment must have occurred after November 29, 1990.
- The Enterprise benefits the U.S. economy and creates full-time employment for at least ten (10) U.S. Workers. (Cannot count immediate family members of investor.)
- The Investment was made in a "New Commercial Enterprise", or accomplished a major re-organization/take over of an existing "troubled business" (business which is at least two years old and has incurred a net loss of at least 20% of its net worth). Ten new jobs do not have to be created as long as number of existing employees is maintained at existing levels.
- The Investor is engaged in the management of the Enterprise, either in a day-to-day managerial capacity and/or through policy formulation.
- Multiple Investors may gain status through the same investment as long as each meets the above criteria.
An investor who meets the above criteria may be eligible to be accorded conditional permanent resident status as an Immigrant Investor in the Fifth Employment-Based preference category. An additional application must be filed upon the two year anniversary of conditional residence to remove the condition.