Step 6: Commercial Enterprise

Show that the new commercial enterprise will create no fewer than ten (10) full-time positions for U.S. citizens or legal residents:

The Immigrant Investor’s invested amount of $500,000, in the case of a “rural area” or targeted employment area, must be accompanied by the following types of documentation showing that at least ten (10) jobs will be created as a result of the investment:

  1. Documentation consisting of photocopies of relevant tax records, Forms I-9 or other similar documents for ten qualifying employees, if such employees have already been hired following the establishment of the new commercial enterprise; or
  2. A copy of a comprehensive business plan showing that, due to the nature of and project size of the new commercial enterprise, the need for not fewer than ten (10) qualifying employees will result, including approximate dates within the next two years, and when such employees will be hired.
  3. To show that a new commercial enterprise that has been established through a capital investment in a troubled business meets the statutory employment creation requirement, the petition must be accompanied by evidence that the number of existing employees is being, or will be maintained at no less than the pre-investment level for a period of at least two years.  Photocopies of tax records, Forms I-9, or other relevant documents for the qualifying employees, and a comprehensive business plan must be submitted in support of the petition.