Petitions for employment creation immigrants.

CFR · 2024-01-01 · US · Title 8

(a) (b) [Reserved] (c) (d) (1) Fraud or a willful misrepresentation of a material fact by the petitioner; or (2) A determination by USCIS that the petition approval was based on a material error. (e) (i) Is not a targeted employment area; and (ii) Is an area with an unemployment rate significantly below the national average unemployment rates. (f) (2) (3) (g) (2) (h) (1) The creation of an original business; (2) The purchase of an existing business and simultaneous or subsequent restructuring or reorganization such that a new commercial enterprise results; or (3) 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, (i) (j) (1) To show that a new commercial enterprise has been established by the petitioner in the United States, the petition must be accompanied by: (i) As applicable, articles of incorporation, certificate of merger or consolidation, partnership agreement, certificate of limited partnership, joint venture agreement, business trust agreement, or other similar organizational document for the new commercial enterprise; (ii) A certificate evidencing authority to do business in a state or municipality or, if the form of the business does not require any such certificate or the State or municipality does not issue such a certifi

official document · source cfr-2024 · id 8:§ 204.6