Tea PartyEligibility for the program requires proof that (A) a new commercial enterprise has been established; (B) that the petitioner has invested or is actively in the process of investing one million dollars, or $500,000 in Targeted Employment Areas or Rural Areas in the new commercial enterprise; (C) that the investment is at risk; (D) that the petitioner is or will be engaged in the management of the new commercial enterprise either through day-to-day managerial control or through policy formulation; and, (E) that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States. Permanent resident status based on this program is available to investors, either alone or coming with their spouse and unmarried children.

(A) A new commercial enterprise can include creating an original business; purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a trouble business that has lost 20 percent of its net worth over the past 12 to 24 months.

(B) The amount specified by statute is at least $1,000,000, or at least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate.

(C) The requirement that the investment be “at risk” prevents any guaranty that the investment funds will be returned. While the agreements can provide for payment, there can not be a guaranty.

(D) The requirement that the investor have either managerial control or be involved in policy formulation requires a business which will meet the needs of the investor in this manner. Although Limited Partnerships are afforded some exemptions from this requirement, it is advisable to involve the investor and provide proper documentation to meet this requirement to avoid any difficulties with the approval of the permanent resident visa.

(E) The final requirement mandates the creation of full-time employment for not fewer than 10 qualified individuals; or maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years.