Employment Creation

(A) General Provisions Visas shall be offered, not exceeding 7.1 percent of the global allocation, to qualified immigrants intending to enter the United States for the purpose of participating in a new commercial enterprise (including limited partnerships):

(i) The alien must have invested (post-November 29, 1990) or be actively in the process of investing capital, not less than the amount specified in subparagraph (C), expected to remain invested for a minimum of 2 years. (ii) The enterprise must benefit the U.S. economy by creating full-time employment for no fewer than 10 U.S. citizens, U.S. nationals, or aliens lawfully admitted for permanent residence, as well as other immigrants lawfully authorized to work in the United States (excluding the immigrant and their spouse, sons, or daughters).

(B) Designations and Reserved Visas (i) Reserved Visas (I) Overall, 20 percent of the visas under this paragraph in each fiscal year shall be reserved for qualified immigrants investing in a rural area. (II) Additionally, 10 percent shall be reserved for those investing in an area designated by the Secretary of Homeland Security (as per clause (ii)) as a high unemployment area, and 2 percent for qualified immigrants investing in infrastructure projects. (III) Unused visas at the end of each fiscal year for the specified categories shall remain available within the same category for the following fiscal year. (IV) Visas not issued by the end of the subsequent fiscal year shall be made available to qualified immigrants under subparagraph (A).

(ii) Designation of High Unemployment Area (I) The Secretary of Homeland Security or their designee may designate, as a high unemployment area, a census tract or contiguous tracts where the new commercial enterprise primarily conducts business. (II) The designated area must have a weighted average unemployment rate not less than 150 percent of the national average. (III) The designation is effective for a 2-year period from the date of application under subparagraph (F) or, for aliens not subject to subparagraph (F), from the time of investment. (IV) Renewal may occur for one or more additional 2-year periods if the area continues to meet the criteria. (V) An immigrant investor in a designated high unemployment area is not required to increase their investment due to the expiration of the designation.

(iii) Infrastructure Projects (I) The Secretary of Homeland Security determines whether a specific capital investment project qualifies as an "infrastructure project" under subparagraph (D)(iv). (II) Designation under this provision may not be made by any Federal official other than the Secretary or their designee, or by any State or local government official.

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