Who Can Apply
Must be a national of a TREATY COUNTRY
U.S. Position
Must be coming to U.S. to direct and control (new) U.S. enterprise
Investment Requirement
Must be substantial relative to capitalization of U.S. enterprise
Foreign Company Affiliation
No specific requirement
Job Creation Requirement
Investment must not be marginal – create U.S. jobs + have economic impact
Green Card Obtainability
Does not lead directly to a GC (can indirectly use EB-1(c) route)
Dependents
Spouse and children under 21 can join principal applicant; Spouse can obtain employment auth.
Business Plan
5-year business plan
· Show 50%+ ownership held by company or individual from Treaty Country
· Prove SUBSTANTIAL investment by principal investor
· Prove business NOT marginal (supports > principal investor + family)
· Show likelihood of business success (competitive analysis?)
· 5-yr pro forma projections
