Where can the capital be invested?

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There are two ways to make investments:

• Capital (money, know-how, equipment, etc.) can be invested in a commercial enterprise;

• Capital can be invested in a Regional Investment Center approved by the U.S. Citizenship and Immigration Services.

 

What are the requirements for those who want to immigrate through investment in a commercial enterprise on the territory of the United States?

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First, the foreigner must open a business. There are three ways to open a business:

1. Open an entirely new business

2. Purchase an existing business and reorganize it

3. Expand an already existing business through additional investment of the required amount of capital.

In this case, any legal entity with any form of ownership based on lawful business is acceptable: sole proprietorships or partnerships, holding companies, joint ventures, corporations, trust companies, etc.

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It is also necessary for the foreigner to actively participate in the company's activities and not be a passive investor.

Second, the foreigner must make an investment in the aforementioned business of $1,000,000 (in some cases $500,000).

Investments can be in the form of money, equipment, inventory, technology, or patented intellectual property expressed in monetary equivalent. The investments must be made within 2 years of the enterprise's operation. The main investment amount is $1 million. If the business is opened in a rural area or in an area where the unemployment rate is at least 150% of the national average unemployment rate in the United States, the required investment amount may be $500,000. All investments must come from lawful sources and be documented. Ownership of real estate (for example, a house) is not considered as qualifying investment.

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Third, it is necessary to create 10 (ten) jobs. The investor must hire at least 10 people who are U.S. citizens, permanent residents of the United States, or immigrants authorized to work legally in the United States.

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When selecting the required number of employees, the investor cannot count his/her spouse or children, regardless of their legal status in the United States, but the investor can count other family members, for example, nephews, cousins, etc., if they are U.S. citizens or lawful permanent residents.

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Employees must be hired on a full-time basis (at least 35 hours per week).

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When do the investor and his/her family members receive Green Cards?

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To prevent fraud, the investor and immediate family members (spouse and unmarried children under 21 years of age) are first granted conditional (temporary) Green Cards for 2 years after approval of the immigration petition. Within 90 days before the expiration of the two-year term of the conditional Green Cards, the investor must file a petition to remove the conditions and grant permanent Green Cards to him/her and his/her family members.

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What documents must the investor submit to the U.S. Citizenship and Immigration Services (USCIS)?

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— Documents confirming that the new commercial enterprise has been established and is operating. Such documents may include: certificate of incorporation, business registration license, or proof that the required investment amount was transferred upon purchase of the business.

— Proof that the proper amount of investment was transferred to the enterprise's account (bank statements) or that necessary equipment/property was acquired in the amount of the investment.

— Proof that the investor has hired at least 10 workers. Such proof may include: tax records, Forms I-9, or, if the workers have not yet been officially hired, a detailed business plan showing that the type of activity provides for the creation of 10 jobs and that workers will be hired within two (2) years.

— Proof that the investor will actively participate in the management of the enterprise. For example, the investor serves as a manager or member of the board of directors. If the business is a limited partnership, the investor must hold a managerial position, and the partnership agreement must provide the rights and powers typically granted to general partners under the Uniform Limited Partnership Act.