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Oltarsh & Associates, P.C. EN ESPAÑOL


By creating a new commercial enterprise in the U.S., an investor may obtain conditional residence. The venture must fill no fewer than 10 full time newly created positions for U.S. citizens, permanent residents, or other persons with employment authorization. The investor needs to demonstrate management skills by hands-on oversight and active engagement in every aspect of the new business. At least $1,000,000 has to be invested unless the venture will be in a targeted employment area (where there is high unemployment) and then the investment need only be $500,000.The investment must be at risk for profit and be a new enterprise. If the investment is in an already existing business, then the company will have to show it has expanded the company bought into by the investor’s input, namely, by showing that the existing company’s net worth has increased by 40% as a result of the new investment or that the number of employee positions has increased by 40% as a result of the new investment.The investment may be in cash, equipment, inventory, tangible property or securities. A loan to the company is not satisfactory. The investment needs to be at risk, and a loan can be made to be redeemable whenever the lender wishes.The value of the equipment, inventory, etc. must be determined by market value. The foreign investor may not spread out the investment in several enterprises; it must all be put into one business. Lastly, the investor may be asked to prove the legitimate source of the money invested.EMPLOYMENT FOR 10 FULL TIME POSITIONS:a) the positions created must be full time. The company may change individual employees in these various new positions as needed as long as the newly created positions themselves remain at least at ten;b) the workers filling these positions may not include the investor’s family members or non-authorized to work persons;c) if the business invested in has had net losses for one or two years exceeding 20% of its net worth, then the business will be excused from the 10 new employee requirement; it would then be enough to maintain from the existing staff at least 10 full time jobs.Within 90 days of the 2nd anniversary, the investor may petition to remove the condition and make the residence permanent.An investor pilot program has been created that allows investors through Regional Centers to be relieved of the 10 position requirement by the investor’s promotion of economic growth in the region through exports or increasing regional productivity and by directly or indirectly creating new jobs or increasing local capital investment as approved by the Regional Centers. If the new business of the investor has had a positive economic impact as confirmed by the Regional Centers and has created jobs beyond the investor’s business itself, then the investor may be excused by the Regional Center of providing 10 new employee positions through the investor’s new business.
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