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Legal Requirements:
Active investment of requisite amount of capital
General. Unless
otherwise specified, the amount of capital necessary to
make a qualifying investment in the United States is one
million United States dollars ($1,000,000).
Targeted employment
area. The amount of capital necessary to make a
qualifying investment in a targeted employment area
within the United States is five hundred thousand United
States dollars ($500,000).
Creation of 10 or more full-time employment positions
Full-time employment
means employment of a qualifying employee by the new
commercial enterprise in a position that requires a
minimum of 35 working hours per week.
Employee means an
individual who provides services or labor for the new
commercial enterprise and who receives wages or other
remuneration directly from the new commercial
enterprise. This definition shall not include
independent contractors.
Qualifying employee
means a United States citizen, a lawfully admitted
permanent resident, or other immigrant lawfully
authorized to be employed in the United States
including, but not limited to, a conditional resident, a
temporary resident, an asylee, a refugee, or an alien
remaining in the United States under suspension of
deportation. This definition does not include the alien
entrepreneur, the alien entrepreneur's spouse, sons, or
daughters, or any nonimmigrant alien.
Conditional U.S. Permanent Residency and Removal of
Condition
Alien Enter Entrepreneur
receive a conditional U.S. Permanent Residency for
two(2) years. After two years, a procedure to apply for
removal of the condition is required.
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