Investing in a new commercial enterprise:
- Evidence that you established a new “for profit” enterprise.
- Documentation that the business is located in a TEA, if applicable.
- Evidence that you have, or are, investing the amount of capital required.
- Clearly show that all investment funds were obtained legally.
- Provide foreign business registration records.
- Produce personal and business tax filed anywhere in the previous five years.
- Show certified copies of any pending or prior civil or criminal actions involving financial judgments against you within the last 15 years.
- Provide a detailed business plan showing that the qualifying enterprise will create at least 10 full-time jobs.
Investing in a troubled business:
- Produce the same evidence required for a new commercial enterprise except for the creation of 10 full-time jobs.
- If investing through a regional center, indirect jobs qualify if they are shown to have been created as a result of capital invested in a commercial enterprise affiliated with the regional center.
- Maintain existing jobs at nothing less than that of the pre-investment level for at least two years.
- Document that the business has been in existence at least two years, showing a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526.
- Show the loss is at least 20 percent of the troubled business’ net worth prior to the loss.
Investing in a Regional Center Program:
- Document your affiliation with a designated regional center including a letter from INS or USCIS that defines the geographical area of the business and whether it is a designated TEA.
- Show that you have invested or are in the process of investing the required funds.
- Show that the investment funds were acquired legally.
- Document how your investment in the regional center project will create 10 full-time jobs.
An investor’s spouse and unmarried children under the age of 21 may be admitted to the U.S. with them for a two-year conditional period. If the investor’s I-829 petition to remove Green Card conditions is approved, then they also will be removed from the cards for the spouse and children. As a lawful permanent resident and Green Card holder, an investor’s spouse and children will be authorized to work or attend school in the U.S.