There are 10,000 visas available per year under this category and there is no pass down to the investor category from the higher employment based preferences. Under this category, there are two types of investors: those investing in "target employment areas," which constitutes 3000 of the annual 10,000 limitation, and those who invest anywhere else.

In theory, immigration to the United States is available to individuals investing a qualifying investment of $500,000 in target employment areas and $1,000,000 in other areas where that investment will create at least 10 full time positions. In practice, the INS has made it increasingly more difficult for investors to qualify under this category. The amount of the investment, and the nature of the financial arrangements, and evidence of job creation is key to success in these applications.

To qualify for immigrant investor status, the alien investor must meet each of the following requirements:

• the investor must invest or be actively in the process of investing at least $1 million in the enterprise;
• the required amount of capital must be placed at risk for the purpose of generating a return on that capital;
• the capital invested must have been obtained through lawful means;
• the enterprise must benefit the U.S. economy and must create full-time employment for not less than 10 U.S. workers;
• the investment must be made in a "new commercial enterprise" or a "troubled business;"
• the investor must be engaged in the management of the enterprise, either through day-to-day managerial control or through policy formulation

Investors should be aware that the law gives the INS the ability to increase the $1 million figure to as high as $3 million for "high employment areas," and to lower the figure to $500,000 in "targeted employment" areas where the unemployment rate is at least 150% of the national average, and rural areas (outside a metropolitan statistical area or outside a city or town with 20,000 or more people).

In order to preclude making investments in the U.S., which you may not be able to adequately supervise if your petition is denied, it is strongly recommended that you consult with an experienced immigration attorney. This will help to insure that any investments made in order to secure U.S. permanent residency, meet the minimum thresholds established in practice by the INS. Thomas Bassett and Associates can assist you in this process. For more information about our services for prospective immigrant investors, please click here or call our office at 248/827-4110.

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