Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence). Up to 10,000 visas may be authorized each fiscal year for eligible entrepreneurs.
You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). In return, USCIS may grant conditional permanent residence to the individual. For more information, see Section 203(b)(5) of the Immigration and Nationality Act (INA) and 8 CFR 204.6
What are the Eligibility Criteria?
You may be eligible to receive permanent residence based on investment if:
You have an approved Form I-526, Immigrant Petition by Alien Entrepreneur
You are admissible to the United States
An immigrant visa is immediately available
What is the Application Process?
A) If You Are Living Outside the United States:
You can become a permanent resident through consular processing if you live outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-526.
B) If You Are Living in the United States:
You can become a conditional permanent resident through adjustment of status if you live inside the United States.
Once the Form I-526 is approved and a visa number is available, you can apply for conditional permanent residence on Form I-485, Application to Register Permanent Residence or Adjust Status.
What Supporting Evidence do I Need to File the Form I-485?
You should submit the following evidence/documentation with your application:
Two passport-style photos
Form G-325A, Biographic Information, if you are between 14 and 79 years of age
Copy of government issued photo identification
Copy of birth certificate
Copy of passport page with nonimmigrant visa (if applicable)
Copy of passport page with admission (entry) or parole stamp (if applicable)
Form I-94, Arrival/ Departure Record (if applicable)
Certified copies of court records (if you have been arrested)
Form I-693, Report of Medical Examination and Vaccination Record
The approval notice for Form I-526 (Form I-797)
What about the Family of the Entrepreneurs?
Your spouse and unmarried children under the age of 21, (known as derivatives) may be included on your immigration petition. If they are residing in the US, they will each need to file a Form I-485. They are counted towards the annual cap of 10,000 visas.
Will I Get Work & Travel Authorization?
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
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