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Residence for
investors who
create employment
 ITIPress.org
- Flavio Alfie / Attorney specialized in Immigration Law, admitted to the
Louisiana State Bar and Buenos Aires Bar Association. He is a partner at
Alfie & Alfie, P.A Immigration and Consular Law Firm.
The Immigration and Nationality Act allows for conditional residency for
persons who, after November 29, 1990, invest at risk or are actively in
the process of investing at risk $ 1,000.000 (or in certain areas of U.S $
500,000) in a new commercial enterprise that creates full-time employment
for not less that ten U.S. workers and engage in the management of the
business through day-to-day managerial control or policy formation.
What
constitutes a new commercial enterprise under the regulatory frame?
The
definition of commercial enterprise includes a broad spectrum of business
relationships provided they are all for profit business operations.
A
new commercial enterprise includes:
1)
A
company formed after November 29, 1990. This provision allows the investor
to qualify by creating a new company, or by investing in an existing
company formed after November 29, 1990.
2)
A
company formed prior to November 29, 1990 if since that date (a) has been
expanded so that a substantial change in the net worth or number of
employees occurred (40% increase in either net worth or number of
employees), or (b) has been restructured or reorganized so that a new
commercial enterprise results.
What
constitutes investment?
Investment can be cash, equipment, inventory, other tangible property,
cash equivalents, and indebtedness secured by assets owned by the
investor, provided that the investor is personally and primarily liable
and tat the assets of the new commercial enterprise are not used to secure
any of the indebtedness.
It
is important to remark that the investor must show the source of funds and
that they are legitimate.
Amount of investment
Under USCIS rules, the required investment amount for investments is $ 1
million. Notwithstanding, for targeted areas, the minimum capital
investment required is $ 500,000. A targeted employment area is defined to
include rural areas or areas experiencing high unemployment.
Job-creation Requirement
The
enterprise must benefit the
U.S. economy and must create ten full-time jobs. Exceptions
to this rule are made only for investment in “troubled businesses” defined
as businesses that have been operating for at least two years and have
incurred a net loss of at least 20% of their net worth. Those investments
are not required to create 10 new jobs but the investor is required to
show that the number of existing employees is or will be maintained as
existent prior to the investment.
Multiple Investors
In a
multiple investor situation, each investor seeking permanent residence
must show that invested the required amount and created 10 full-time jobs.
USCIS will recognize any reasonable agreement between investor concerning
the identification and allocation of qualifying positions.
Employment creation investors are granted conditional residence for 2
years. To remove the conditional status, the investor must file a petition
with USCIS within 90 days before the 2nd anniversary. The
petition must contain facts and evidence that the investor met the capital
investment required by the regulations and created or can be expected to
create within a reasonable period 10 full-time jobs for qualifying
employees.
Flavio Alfie
Alfie & Alfie, P.A.
13899 Biscayne Boulevard
Suite # 300
North Miami Beach, FL
33181
phone: (305)
341-3530
fax: (305)
940-8355
alfieandalfiepa@bellsouth.net
"Everyone who has achieved financial independence will tell
you that - at least in the early days -- you have to work smarter and
harder. The price of success must be paid in full, and it must be paid in
advance. There are no shortcuts." - John Cummuta, Financial Advisor,
Author, Speaker
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