Qualifying capital at the correct level, a lawful and traceable source and path for it, at least ten full-time jobs for qualifying U.S. workers, and genuine engagement in the enterprise's management or policy formulation.
Capital, source, jobs, engagement
The capital threshold is $1,050,000 in the standard case and $800,000 where the investment is in a targeted employment area or an infrastructure project, figures set by the 2022 Reform and Integrity Act that should be confirmed against the current official position before money moves. The capital must be the investor's own, lawfully obtained and traceable from origin to the new commercial enterprise, and it must be genuinely at risk rather than guaranteed. Ten or more full-time jobs, meaning at least thirty-five hours a week, must be created for qualifying U.S. workers, a group that excludes the investor, the spouse and non-immigrant workers. The investor must be engaged in management or policy formulation rather than holding a purely passive stake. Approval brings two years of conditional permanent residence, removed only by a later petition proving the capital stayed invested and the jobs were created.
Hypothetical example: a tunnel-ventilation contractor proposes a direct investment in a U.S. fabrication shop with ten planned positions. The first review should produce a capital-and-jobs matrix showing which expenditure supports each operational role, when hiring occurs, and who will manage policy or operations. Bank records settle funds movement; payroll assumptions and business records test the employment plan. Check the model before capital is transferred. The common error is treating a projected headcount as enough, without showing that the enterprise can fund full-time qualifying jobs while the capital remains exposed to business risk.