WHO MAY FILE FORM N-565?

You may file this petition for yourself if you have invested or are actively in the process of investing the required investment amount in a new commercial enterprise (NCE):

• In which you will engage in a managerial capacity through day-to-day managerial control or policy formulation;
• Which will benefit the U.S. economy; and
• Which will create full-time employment in the United States for at least 10 U.S. citizens, lawful permanent residents, or other immigrants lawfully authorized to be employed in the United States, other than yourself, your spouse, or your sons or daughters.

An NCE may be established by:

• The formation of a business after November 29, 1990;
• The purchase of a business formed on or before November 29, 1990, and simultaneous or subsequent restructuring or reorganization resulting in an NCE; or
• The expansion of a business formed on or before November 29, 1990, through investment of the amount required so that a substantial change (at least 40 percent increase) in either the net worth or number of employees results.

DOCUMENT CHECKLIST

• Photographs. You must submit two identical color passport-style photographs of yourself taken within 30 days of filing this application.
• If you are applying for replacement of a mutilated document, you must attach the mutilated document.
• If you are applying for replacement of a document that is incorrect due to typographical/clerical errors by USCIS, you must attach the incorrect document.
• If you are applying for a new document because your name was changed, you must submit the original USCIS document and a copy of the marriage certificate or a certified copy of the complete document.
• If you are applying for a new Certificate of Citizenship because your date of birth has legally changed, you must submit the original USCIS document and the state-issued document or a certified copy of the complete document (court order) showing the date of birth change.
• If you are applying for a new document because your gender has legally changed, you must submit the original USCIS document and a certified copy of the complete document (court order, government-issued document, or a medical certification) recognizing the gender change.
• If you are applying for a special certificate of naturalization to obtain recognition as a citizen of the United States by a foreign country, you must attach a copy of your naturalization certificate.
• If your marital status has changed since you were last issued a document, you must submit your most recent marriage certificate, divorce decree, or spouse’s death certificate.