The investor must hold the nationality of a country that maintains the required treaty relationship with the United States. French nationals generally qualify on this ground.
There is no fixed statutory minimum, but the investment must be substantial in relation to the business. It must be meaningful, committed, and sufficient to support the enterprise.
The money cannot simply sit untouched. It generally must be committed to the business and subject to partial or total loss if the business does not succeed.
The applicant must come to the United States to develop and direct the enterprise, usually through ownership and operational control.
The project should show capacity beyond merely supporting the investor personally. Hiring projections, revenue potential, and credible growth matter.
The business must be active. A speculative plan without actual operations, contracts, lease commitments, equipment, or launch preparation is often too weak.