| The United States uses both an annual cap on most permanent immigrant visas and a preference system to select who will ultimately be granted admissibility. Within the major category of immigrant visas known as employment-based visas, there are five levels of preference. The fifth level applies to aliens who invest a set amount in a new commercial enterprise.
Who is Eligible for an Alien Investor Visa?
Ten thousand visas each year are available to aliens who invest in the United States economy, meeting certain general requirements. However, one-half of these visas are earmarked for aliens who meet additional requirements by investing in a "Regional Center," which has been designated as such by U.S. Citizenship and Immigration Services (USCIS).
General Requirements
Three basic requirements exist for an alien seeking preference as an investor. First, the alien must establish a new commercial enterprise. This can be done by opening a new business, by purchasing an existing business and restructuring it so that a new commercial enterprise results, by expanding jobs by a defined amount in an existing business or by retaining existing jobs in a troubled business. Second, the alien's investment must meet base amounts. The standard amount is $ 1,000,000. However, an alien may invest $ 500,000 in either a rural area or an area with at least 150% of the national average unemployment rate in order to meet this prong of the eligibility test. Third, the alien's investment must either create at least 10 new jobs or must maintain employment in a troubled business for at least two years.
USCIS-Designated "Regional Centers"
USCIS currently maintains a pilot program in which it has designated certain geographical areas as "Regional Centers." The purpose of this program is to promote economic growth through one of four avenues: increased exporting, improved productivity, new job creation, and increased domestic investment.
To qualify for the visas earmarked for Regional Center investment, an alien must make two showings: (1) that his or her investment, described above, was made within a Regional Center; and (2) that his or her new commercial enterprise actually created at least 10 jobs, directly or indirectly, using increased exporting, improved productivity, new job creation, or increased domestic capital investment.
How Do I Obtain Status as a Permanent Resident Based on Investment?
Obtaining permanent status as an alien investor is a three-step process. First, the alien must file an immigrant petition, accompanied by evidence demonstrating that his or her investment meets the above requirements. Second, after immigrant investor status has been approved, the alien must take steps to become a conditional resident. If the alien resides in the U.S., this is done by requesting an adjustment of his or her status; if the alien resides outside the U.S., this is accomplished by obtaining an immigrant visa. Third, within 90 day of the investor's second anniversary as a conditional resident, the alien must file a petition to remove conditions. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |