美国投资移民常识

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1.Immigration and Nationality Act 美国移民和归化法案
 
INS §203(b)(5) Employment Creation
 
(A)In general. Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise-
 
(i)in which such alien has invested or , is actively in the process of investing, capital in an amount specified in subparagraph, and
 
(ii)which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residents or other immigrants lawfully authorized to be employed in the United States.
 
(B)Set-aside for targeted employment areas.
 
(i)Targeted employment area defined. In this paragraph, the term “targeted employment area” means, at the time of the investment, a rural area or an area which has experienced high unemployment.
 
(ii)Rural area defined. In this paragraph, the term “rural area” means any area or within the outer boundary of any city or town having a population of 20,000 or more.
 
(C) Amount of capital required.
 
(i)In general. Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000.
 
(ii)Adjustment for targeted employment areas. The Attorney General may, in the case of investment made in a targeted area, specify an amount of capital required under subparagraph (A) that is less than (but not less than ? of ) the amount specified in clause (i)。
 
(D)Full-time employment defined. In this paragraph, the term “full-time employment” means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
 
2.Code of Federal Regulation 联邦执行法规条文
 
(A)Regional center means any economic unit, public or private, which is involved with the promotion of economic growth, including increased export sales, improved regional productivity, job creation, and increased domestic capital investment.
 
(B)Establishment of a new commercial enterprise. The establishment of a new commercial enterprise may consist of:
 
(i)The creation of an original business;
 
(ii)The purchase of an existing business and simultaneous or subsequent restructuring or reorganization such that a new commercial enterprise results; or
 
(iii)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. Substantial change means a 40 percent increase either in the net worth, or in the number of employees , so that the new net worth, or number of employees amounts to at least 140 percent of the pre-expansion net worth or number of employees.

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