Qualifying capital at the applicable level, lawfully sourced and traceable, at least ten full-time jobs for qualifying U.S. workers, and genuine engagement in management or policy formulation.
Borrowed capital can qualify, on conditions
The capital threshold is $1,050,000, or $800,000 where the investment is in a targeted employment area or an infrastructure project, figures set by the 2022 Reform and Integrity Act which should be confirmed against the current official position before money moves. Cash loan proceeds may qualify without investor-owned collateral or personal-and-primary liability, but the investor must own and control the proceeds, establish their lawful source and path, and place the capital genuinely at risk. Ten or more full-time positions of at least thirty-five hours a week must be created for qualifying U.S. workers, excluding the investor, the spouse, their children and non-immigrant workers. The investor must be engaged in management or policy formulation. Approval brings two years of conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary to remove conditions.
Hypothetical example: an investor considers placing proceeds from a recycling-materials sorting company into a new commercial enterprise that plans to automate most of its operations. The first review should test capital, job creation, and the proposed investment structure together. Sale records, tax returns, bank statements, subscription documents, and the job model each settle a different element. Capital must be placed at risk for the enterprise, and the plan must meet the applicable job-creation requirement; conditional permanent residence follows only through the separate immigrant process. Sequence the work by tracing the funds before selecting a project whose staffing assumptions are untested. The recurring error is counting positions that are not full-time qualifying jobs or treating a promising project brochure as evidence that the investor's capital and employment plan satisfy the rules.