U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.32(e) Regs/Statutes Page 1 of 3
9 FAM 42.32(E)
FIFTH PREFERENCE-EMPLOYMENT-
CREATION IMMIGRANTS
(CT:VISA-985; 07-29-2008)
(Office of Origin: CA/VO/L/R)
9 FAM 42.32(e) RELATED STATUTORY
PROVISIONS
(CT:VISA-985; 07-29-2008)
See INA 203(b)(5) (8 U.S.C. 1153(b)(5)), Section 610 of Public Law 102-
395, Section 111(c) of Public Law 105-11, Section 402 of Public Law 106-
396, Section 4(b) of Public Law 108-156
INA 203(b)(5)
b. Preference Allocation for Employment-Based Immigrants. - Aliens subject
to the worldwide level specified in section 201(d) for employment-based
immigrants in a fiscal year shall be allotted visas as follows:
(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 4/ enterprise (including a limited
partnership)--
(i)
in which such alien has invested (after the date of the
enactment of the Immigration Act of 1990) or, is actively
in the process of investing, capital in an amount not less
than the amount specified in subparagraph (C), 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
residence or other immigrants lawfully authorized to be
employed in the United States (other than the immigrant
and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 42.32(e) Regs/Statutes Page 2 of 3
(i)
In general. - Not less than 3,000 of the visas made
available under this paragraph in each fiscal year shall be
reserved for qualified immigrants who 4/ invest in a new
commercial enterprise described in subparagraph (A)
which will create employment in a targeted e