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BASIC REQUIREMENTS

• The investor must have invested or be actively in the process of investing at least $1 million into a legally registered US enterprise. The investment must have been placed at risk for the purpose of generating a return on the capital committed. Actual commitment of the required amount of capital can be shown by deposit of monies into the enterprise's business accounts, purchase of assets or transfer of assets from abroad for use by the US enterprise, or a loan, mortgage agreement, promissory note, security agreement or other evidence of the investor's borrowing for which the investor is personally liable or which is secured by the petitioner's assets.

• The capital invested must have been obtained through lawful means and documentation should establish that capital has been acquired by gift, inheritance, loans, property sales or income and assets.

• The US enterprise must benefit the US economy and must create full time employment for at least ten US workers (including citizens, permanent residents or other immigrants lawfully authorized to be employed in the US). Exception to this rule whereby the investor must show the number of existing employees is/will be maintained at the pre-investment level, is only made for investment in "troubled businesses" which have been in existence for at least two years and incurred a net loss of at least 20% of their net worth.

• A "New Commercial Enterprise" can be established by the investor creating an original business, buying and reorganizing an existing company or investing in an existing business without reorganizing or reincorporating if the infusion of capital results in an increase of at least 40% of its net worth or number of employees, or both.

• The petitioner must hold a position as a corporate officer, board members, limited partner or satisfy the requirement of engagement in the management of the new commercial enterprise.

• To deter fraud by investors who do not intend to maintain an ongoing, employment-creating enterprise having gained permanent residence INS have imposed a 2 year conditional period Investors must file a petition within 90 days prior to the two year anniversary requesting the conditional basis of residence be removed.

• Spouse and dependant unmarried children under 21 may be approved for permanent residence.

IMMIGRANT INVESTOR PILOT PROGRAM

To participate in this program immigrant investors must invest in targeted employment areas in an approved regional center (any economic unit, public or private) in the US established for the promotion of economic growth, increased export sales, improved regional productivity, job creation and increased domestic capital investment. Minimum requirement is a capital investment of at least $500,000 and evidence demonstrating that the investment will create at least 10 jobs directly or indirectly, through revenues generated from increased services or goods produced directly or indirectly resulting from the new enterprise.

Targeted employment area refers to a rural area or an area which has experienced at least 150% of the national average rate of unemployment. Rural area means any area other than an area within a metropolitan statistical area or within the outer-boundary of any city or town have a population of 20,000 or more.

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