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 (see the “INA” link to the right).
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
Application Process
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, Immigrant Petition by Alien Entrepreneur, petition when a visa is available. For more information on consular processing, see the “Consular Processing” link to the left under “Green Card Processes & Procedures.”
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. For more information see the “Visa Availability & Priority Dates” and “Adjustment of Status” links to the left under “Green Card Processes & Procedures.”
Supporting Evidence for 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
- Applicable fees
- The approval notice for Form I-526 (Form I-797)
Family of 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.
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). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”
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