Allocation of Immigrant Visas (C) Capital Requirements

(i) General Rule Except as otherwise stipulated in this subparagraph, the capital required under subparagraph (A) shall be $1,050,000.

(ii) Adjustments for Targeted Employment Areas and Infrastructure Projects The capital required under subparagraph (A) for an investment in a targeted employment area or an infrastructure project shall be $800,000.

(iii) Automatic Adjustment in Minimum Investment Amount (I) Starting January 1, 2027, and every 5 years thereafter, the amount in clause (i) shall automatically adjust for petitions filed on or after the effective date of each adjustment. The adjustment is based on the cumulative annual percentage change in the unadjusted consumer price index for all urban consumers (all items; U.S. city average) reported by the Bureau of Labor Statistics between January 1, 2022, and the date of adjustment. The qualifying investment amounts shall be rounded down to the nearest $50,000. The Secretary of Homeland Security shall update these amounts through publication in a technical amendment in the Federal Register. (II) Starting January 1, 2027, and every 5 years thereafter, the amount in clause (ii) shall automatically adjust for petitions filed on or after the effective date of each adjustment, equivalent to 75 percent of the standard investment amount under subclause (I).

(iv) Adjustment for High Employment Areas In the case of an investment made in a part of a metropolitan statistical area that, at the time of the investment: (I) is not a targeted employment area, and (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Secretary of Homeland Security may specify a capital amount required under subparagraph (A) greater than (but not exceeding 3 times) the amount specified in clause (i), as adjusted under clause (iii).

(D) Definitions

(i) Affiliated Job-Creating Entity The term "affiliated job-creating entity" refers to any job-creating entity controlled, managed, or owned by individuals associated with the regional center or new commercial enterprise under subsection (b)(5)(H)(v).

(ii) Capital The term "capital" includes cash and all tangible assets owned and controlled by the alien investor or held in trust for the alien's benefit, with unrestricted access. It is valued at fair market value in United States dollars according to Generally Accepted Accounting Principles or other SEC-approved accounting practices at the time of investment under this paragraph. Exclusions encompass assets acquired unlawfully, capital invested in exchange for certain debt arrangements, and capital subject to specific agreements between the investor and the new commercial enterprise.

(iii) Certifier The term "certifier" denotes an individual in a position of substantive authority for the management or operations of a regional center, new commercial enterprise, affiliated job-creating entity, or issuer of securities. This includes roles such as principal executive officer or principal financial officer, possessing knowledge of the entities' policies and procedures related to compliance with the requirements under this paragraph.

(iv) Infrastructure Project The term "infrastructure project" signifies a capital investment project outlined in a filed or approved business plan, administered by a governmental entity (Federal, State, or local) contracting with a regional center or new commercial enterprise to receive capital investment. This investment is obtained under the regional center program described in subparagraph (E) from alien investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project.

(v) Job-Creating Entity The term "job-creating entity" refers to any organization formed in the United States for the lawful conduct of business, responsible for creating jobs to meet the requirement under subparagraph (A)(ii). It encompasses various legal entities, publicly or privately owned, receiving capital investment from alien investors or a new commercial enterprise under the regional center program described in this subparagraph.

(vi) New Commercial Enterprise The term "new commercial enterprise" denotes any for-profit organization established in the United States for the ongoing lawful conduct of business, receiving capital investment from investors under this paragraph. This includes sole proprietorships, partnerships, corporations, limited liability companies, and other entities, publicly or privately owned.

(vii) Rural Area The term "rural area" defines any area outside a metropolitan statistical area designated by the Director of the Office of Management and Budget or outside the outer boundary of any city or town with a population of 20,000 or more (based on the most recent U.S. decennial census).

(viii) Targeted Employment Area The term "targeted employment area" signifies, at the time of investment, a rural area or an area designated by the Secretary of Homeland Security under subparagraph (B)(ii) as a high unemployment area.

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