Of interest to All Foreign Nationals: We participate in the following legal program to promote immigration to the US. For detailed information on this program email Dr Carl Peterson at DrCBPeters@midinvest.net or Foreign.Nationals@midinvest.net .
Summary -
For each $1MM USD invested with us and 10 US citizens employed, a foreign national can start accelerated immigration to the USA.
L E G A L R E F E R E N C E S
TREATY TRADERS; INVESTORS
which the alien has invested, 29 after November 29, 1990 (the date of enactment of the Immigration Act of 1990), or is actively in the process of investing capital 30 in an amount generally not less than $1,000,000; 3, and (c) which will benefit the United States economy and create full time employment 32 for no fewer than 10 United States citizens, permanent resident aliens, or other immigrants authorized to be employed in the United States, other than the entrepreneur and his or her spouse, sons, or daughters. 33
· Comment: INA § 203(b)(5) [ 8 USCA §1153(b)(5)] is the successor to an administrative provision for investors in a category for which no visas had been available for more than 10 years (former 8 CFR § 212.8(b)(4); former 22 CFR § 40.7(14)(iii)(C)). The Senate Report to the Immigration Act of 1990 states that the required number of U.S. jobs "need not occur immediately upon immigration," but should be completed "within a reasonable time—in most cases not longer than six months after the alien's admission." It is further stated that the Committee intends that a visa not be issued on this basis if the money invested was obtained "through other
trust, or other entity which may be publicly or privately owned. This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided each such subsidiary is engaged in a for profit activity formed for the ongoing conduct of a lawful business, but does not include a noncommercial activity such as owning and operating a personal residence. 8 CFR § 204.6(e).
29 "Invest" means to contribute capital. A contribution of capital in exchange for a note, bond, convertible debt, obligation, or any other debt arrangement between the alien entrepreneur and the new commercial enterprise does not constitute a contribution of capital. 8 CFR § 204.6(e).
30 "Capital" means cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the alien entrepreneur, provided the alien entrepreneur is personally and primarily liable and the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital must be valued at fair market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) are not considered capital for the purposes of INA § 203(b)(5) [ 8 USCA § 1153 (b)(5)]. 8 CFR § 204.6(e).
31 INA § 203(b)(5)(C)(i) [ 8 USCA §1153(b)(5)(C)(i)].
32 "Full time employment" means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. While a job sharing arrangement whereby two or more qualifying employees share a full time position counts as full time employment provided the hourly requirement per week is met, this definition does not include combinations of part time positions even if, when combined, such positions meet the hourly requirement per week. 8 CFR § 204.6(e).
"Employee" means an individual who provides services or labor for the new commercial enterprise and who receives wages or other remuneration directly from the new commercial enterprise; it does not include independent contractors. 8 CFR § 204.6(e).
"Qualifying employee" means a United States citizen, a lawfully admitted permanent resident, or other immigrant lawfully authorized to be employed in the United States, including, but not limited to, a conditional resident, a temporary resident, an asylee, a refugee, or an alien remaining in the United States under suspension of deportation, but does not include the alien entrepreneur, his or her spouse, sons, or daughters, or any nonimmigrant alien. 8 CFR § 204.6(e).
33 INA § 203(b)(5)(A) [ 8 USCA § 1153(b)(5)(A)].
Page 40 42
TREATY TRADERS; INVESTORS
than legal means (such as money received through the sale of illegal drugs)." It will have to be determined whether this applies to money transferred in violation of currency laws. 34
§ 40:47 —Spouse and children
Regardless of whether he or she is named in the petition, 35 the spouse, or the child of any marriage that existed at the time of the principal alien's admission into the United States, is entitled to derivative immigrant investor status, and may accompany or follow to join the principal applicant. 36 However, a spouse or child acquired subsequent to the principal alien's admission is not entitled to derivative status. 37
§ 40:48 Establishment of new commercial enterprise
Alien entrepreneurs/employment creation immigrants must be qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise which the alien has established, in which the alien has invested the required amount of capital, and which will benefit the United States economy and create full time employment for no fewer than 10 United States citizens, permanent resident aliens, or other immigrants authorized to be employed in the United States, other than the entrepreneur and his or her spouse or children. 38
The establishment of a new commercial enterprise may consist of:
1. the creation of an original business; 39
2. the purchase of an existing business and simultaneous or subsequent restructuring or reorganization such that a new commercial enterprise results;40 or
3. the expansion of an existing business through the investment of the required amount, so that a substantial change in the net worth or number of employees results from the investment of capital. 41 Establishment of a new commercial enterprise in this manner does not exempt the petitioner from the regulatory requirements relating to the required