Treaty nationality for himself and for at least fifty percent of the enterprise's ownership, capital irrevocably committed and at risk, an amount substantial in proportion to the cost of the business, a real and operating enterprise that is not marginal, and a role in which he develops and directs it.
Six elements that are examined together
None of these elements rescues another, and a strong showing on one frequently distracts a buyer from a weak showing on the next. Wendell's nationality is straightforward and his experience is genuine, but experience is not an element. The elements that will be tested hardest in his case are commitment of the funds, which his current escrow language undermines, and the proportion of the total cost that his money represents once operating requirements are counted honestly.
Marginality should be answerable from the seller's own figures if the business supports employees today, and that evidence is easier to obtain before closing than after. Develop and direct is usually satisfied by majority ownership, and where ownership is split it is satisfied by operational control that the shareholders agreement actually confers rather than by a title. The final element that people skip is the one with the longest consequences: this status is temporary in nature and creates no direct route to permanent residence, so a family planning a permanent life should hear that before signing.