Overview

10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Among 10,000 immigrant visas, 3,000 are set aside for those who apply under a pilot program involving a USCIS-designated “Regional Center”. Application for the pilot program has been extended through 09/30/2009.

Basic Requirements

1.        Establishing a new commercial enterprise or investing on a regional center program;

2.        Investing the requisite capital amount;

3.        Proving the investment comes from a lawful source of funds;

4.        Creating the requisite number of jobs (at least 10 full-time employment, or maintain the number of existing employees for at least two _years where the capital investment is being made in a “troubled business”).

5.        Demonstrating that the investor is actively participating in the business (except for those investing “Regional Center” program).

Ways to Establish a New Commercial Enterprise

1.        Creating an original business; or

2.        Purchasing an existing business and restructuring or reorganizing the business such that a new commercial enterprise results; or

3.        Expanding an existing business by 140% of the pre-investment number of jobs or net worth, or

4.        Retaining all existing jobs in a “troubled business” that has lost 20% of its net worth over the past 12 to 24 months.

Investment Amount

1.        At least $1,000,000, or

2.        At least $500,000 being invested in (1) a “Targeted Employment Area” where its population is less than 20,000 or its unemployment _rate is over 150% of the overall US unemployment rate or (2) one of 45 approved “regional centers”.

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