We have a program to assist you. See Immigrant Investor
Program.
The Process
An
immigrant (also called a "lawful permanent resident") is a foreign national
who has been granted the privilege of permanently living and working in the United
States. If you want to become an immigrant based on
the fact that you are making a qualifying capital investment in the United States,
you must go through a multi-step process:
- You must be eligible
for lawful permanent residence based on your investment.
- The U.S. Citizenship and Immigration Services
(USCIS) must approve an immigrant visa petition, Form
I-526 (Immigrant Petition by Alien Entrepreneur),
for you. You may file this petition for yourself.
- The
State Department must give you an immigrant visa number,
even if you are already in the United States. When you receive an immigrant visa
number, it means that an immigrant visa has been assigned to you.
- If you are already in the United States,
you may apply to change your status to that of a lawful permanent resident after
a visa number becomes available for you. For more details, see Becoming
a Permanent Resident (Immigrant) While in the U.S. If you are outside
the United States when an immigrant visa number becomes available for you, you
must then go to the U.S. consulate
servicing the area in which you reside to complete your processing.

Eligibility
To
be eligible for lawful permanent residence based on an investment you must meet
the following criteria:
Qualifying
Investments
Job Creation: Your investments in new commercial enterprises must benefit the
U.S. economy and create full-time employment for at least ten worker-authorized
employees, excluding you and your immediate relatives, and persons in nonimmigrant
status. Saving ten jobs may also qualify if the qualifying investment is in a
troubled business.
Amount and Nature of Assets: The capital investment must be $1,000,000 in high
employment areas and $500,000 in targeted employment areas. The capital
may consist of cash, equipment, inventory, other tangible property, and easily
convertible cash equivalents.
Commercial Enterprise: Any for profit business can qualify, including sole proprietorships,
limited or general partnerships, corporations, business trusts, joint ventures,
holding companies and wholly owned for-profit commercial subsidiaries, mutual
investment funds, etc. An existing commercial enterprise purchased by you can
also qualify without necessity for reorganization or reincorporating, if your
infusion of capital increases the business' net worth or the number of qualifying
U.S. workers employed by 40%. Pre-existing commercial enterprises also qualify
if you save ten U.S. jobs by taking over a troubled business that has operated
for-at-least two years and has incurred a net loss of at least 20% of net worth
during one of the two years preceding your investment.
Location: The only location criteria apply to $500,000 investments in targeted
employment areas, which include rural areas identified by the U.S. census or the
Office of Management and Budget and areas certified by a State government to be
experiencing average unemployment of at least 150% of the national average.
Capital Contribution: You must make a qualifying investment using personally owned
and legally obtained assets or indebtedness secured by personal assets (i.e. not
secured by the qualifying commercial enterprise).
Management: You must be engaged in management of the enterprise, either through
daily managerial control or through policy formulation as a corporate officer,
director, or partner.
Multiple Investors: Each multiple investor in the same enterprise will
qualify if he or she meets the minimal capital and job creation requirements.
In cases where not all multiple investors seek to immigrate to the United States
based on the investment, the job creation requirement can be met by those investors
who seek to immigrate (based on the joint investment) by apportioning the total
number of jobs created among the immigrating investors rather than among all investors.
(Note: This apportionment among joint investors does not apply to the capital
requirement.)

Preference Categories & Visa Numbers
If
your immigrant visa petition is approved, you must wait for an immigrant visa number to become available according to the preference system, a method of distributing the limited number of immigrant visa
numbers available each year.

Apply
You
may petition for yourself, by filing USCIS Form
I-526 with the
USCIS Service Center with jurisdiction over the location of the business (currently
limited to the Texas and California Service Centers). Your business creation,
level of investment, source of funds, employment creation, and management are
included in the initial examination.
If
your petition is approved, you will receive conditional immigrant status.
You must apply to remove conditional status during the 90 days before the
second anniversary of the date you received this status, or you will automatically
lose your permanent resident status. File Form
I-829 to have the conditions removed. Your business and investment will be
re-examined to determine compliance with regulatory requirements, including capital
committed and employment created. Should the endeavor prove fruitful and successful,
the conditions will be removed.
Forms are available online,
or by calling 1-800-870-3676, or by submitting an online request to receive forms
by mail. Further information on forms, filing fees, and fee waivers
is available in Forms,
Fees & Filing Locations.

Check My Application Status
Contact
the USCIS office that received your application,
and be prepared to provide specific information (see Checking
the Status of My Case).

Appeal
If the visa petition you
filed is denied, the denial letter will tell you how to appeal. For more information,
see Appealing the Denial of
My Petition or Application.

HELP!
Foreignborn.com
has a program to assist you. See Immigrant
Investor Program.
The
information provided in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic understanding of
this information in summary form. This information may not be comprehensive, is
subject to change, and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government agencies or
with an attorney, particularly as it relates to your individual circumstances.
Your use of this website indicates your agreement to be bound by our Terms
of Use.