According to the law, an investor-petitioner must have made the necessary investments or be actively making them. 1.Capital can take many different forms, such as cash and cash equivalents, inventories, equipment, and other tangible assets. Although loans made by the petitioner to the business are not considered capital, the investor may borrow the investment funds if they are secured by assets that belong to them. This is allowed as long as the investor is personally and principally responsible for loan repayment and no assets of the business on which the petition is based are used to secure any of the debt. 2.Proof that the invested capital is “at risk” is required by USCIS. USCIS focuses on actual and intended capital uses to ensure that it will be put to use in a way that creates jobs and generates profits. USCIS demands more than just a deposit of money into a company account; it also wants to see proof that actual commercial activity is being conducted. 3.Finding a Reliable Source: There must be written evidence that the investor petitioner has invested money. The investor must provide proof linking funding from the petitioner to the business directly. Additionally, USCIS demands that an investor present proof that the source of cash was obtained through legitimate channels.

The investor is required to hire at least 10 Americans on a full-time basis. The investor, his or her spouse, and children are not included in the minimum 10-employee requirement. The 10-employee minimum does not apply to non-immigrants (i.e., people on E, H, L, and other temporary worker visas). This definition excludes independent contractors. The new roles must be full-time, that is, they must call for a minimum of 35 hours of labour per week. Jobs held part-time do not count. Job-sharing arrangements, however, where two or more qualified employees split a full-time employment, will be taken into account. 2.Saving Jobs: Investments in “troubled” companies are subject to special regulations. An organisation is considered troubled if it has been around for at least two years, suffered a net loss for accounting purposes within the 12- or 24-month period prior to the petition’s filing, and the loss for that time period was at least equal to 20% of the organization’s net worth prior to the loss. The petitioner is not needed to create 10 new employment if the basis of the petition is investment in a struggling company. Instead, the petition can be supported by evidence that the company will continue to employ its current workforce throughout the time of conditional status.