• 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 enterprise
• A certificate evidencing the 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 certificate, a statement to that effect or
• Evidence that, as of a certain date after November 29, 1990, the required amount of capital for the area in which the enterprise is located has been transferred to an existing business, and that the investment has resulted in a substantial increase in the net worth or number of employees of the business to which the capital was transferred. Evidence must be in the form of stock purchase agreements, investment agreements, certified financial reports, payroll records, or any similar instruments, agreements or documents evidencing the investment in the commercial enterprise and the resulting substantial change in the net worth or number of employees.

To show that the petitioner has invested or is actively in the process of investing the required amount of capital, the petition must be accompanied by evidence that the petitioner has placed the required amount of capital at risk for the purpose of generating a return on the capital placed at risk. Evidence of mere intent to invest, or of prospective investment arrangements entailing no present commitment, will not suffice to show that the petitioner is actively in the process of investing. The foreign national must show actual commitment of the required amount of capital. Such evidence may include but is not limited to:

• Bank statement(s) showing the amount(s) deposited in U.S. business account(s) for the enterprise
• Evidence of assets that have been purchased for use in the U.S. enterprise, including invoices, sales receipt, and purchase contracts containing sufficient information to identify such assets, their purchase coat, the date of purchase and purchasing entity
• Evidence of property transferred from abroad for use in the U.S. enterprise, including U.S. Customs Service commercial entry documents, bills of lading and transit insurance policies containing ownership information and sufficient information to identify the property and to indicate the fair market value of such property
• Evidence of monies transferred or committed to be transferred to the new commercial enterprise in exchange for shares of stock (voting or non-voting, common or preferred). Such stock may not include terms requiring the new commercial enterprise to redeem it at the holder's request or
• Evidence of any loan or mortgage agreement, promissory note, security agreement, or other evidence of borrowing which is secured by assets of the petitioner, other than those of the new commercial enterprise, and for which the petitioner is personally and primarily liable.

To show that the petitioner has invested or is actively in the process of investing capital obtained through lawful means, the petition must also be accompanied, as applicable, by:

• Foreign business registration records
• Corporate, partnership, or any other entity in any form which has filed in any country or subdivision thereof personal tax returns including income, franchise, or property (whether real, personal, or intangible), or any other tax returns of any kind filed within five years, with any taxing jurisdiction in or outside the United States by or on behalf of the petitioner
• Evidence identifying any other sources of capital or
• Certified copies of any judgments or evidence of all pending governmental civil or criminal actions, governmental administrative proceedings, and any private civil actions (pending or otherwise) involving monetary judgments against the petitioner from any court in or outside the United States within the past fifteen years.

To show that a new commercial enterprise will create no fewer than ten full-time positions for qualifying employees, the petition must be accompanied by:

• Documentation consisting of photocopies of relevant tax records, Forms I-9 or other similar documents for ten qualifying employees, if such employees have already been hired following the establishment of the new commercial enterprise or
• A copy of a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than ten qualifying employees will result, including approximate dates within the next two years, and when such employees will be hired.

To show that a new commercial enterprise that has been established through a capital investment in a troubled business meets the statutory employment creation requirement, the petition must be accompanied by evidence that the number of existing employees is being, or will be maintained at no less than the pre-investment level for a period of at least two years. Photocopies of tax records, Forms I-9, or other relevant documents for the qualifying employees, and a comprehensive business plan must be submitted in support of the petition.

To show that the petitioner is or will be engaged in the management of the new commercial enterprise, either through the exercise of day-to-day managerial control, or through policy formulation, as opposed to maintaining a purely passive role in regard to the investment, the petition must be accompanied by:

• A statement of the position title that the petitioner has or will have in the new enterprise, and a complete description of the position's duties
• Evidence that the petitioner is a corporate officer or a member of the corporate board of directors or
• If the new enterprise is a partnership, either limited or general, evidence that the petitioner is engaged in either direct management or policy making activities. If the petitioner is a limited partner and the limited partnership agreement provides the petitioner with certain rights, powers and duties normally granted to limited partners under the Uniform Limited Partnership Act, the petitioner will be considered sufficiently engaged in the management of the new commercial enterprise.

If applicable, to show that the new commercial enterprise has created or will create employment in a targeted employment area, the petition must be accompanied by:

• In the case of a rural areas, evidence that the new commercial enterprise is principally doing business within a civil jurisdiction not located within any standard metropolitan statistical area as designated by the Office of Management and the Budget, or within any city or town having a population of 20,000 or more as based on the most recent U.S. census.
•  In the case of an area of high unemployment:
  • Evidence that the metropolitan statistical area, the specific county within a metropolitan statistical area or the county in which a city or town with a population of 20,000 or more is located, and in which the new commercial enterprise is principally doing business, has experienced an average unemployment rate of 150% of the national average or
  • Letter from an authorized body of the government of the state in which the new commercial enterprise is located which certifies that the geographic or political subdivision of the metropolitan statistical area, or of the city or town with a population of 20,000 or more in which the new commercial enterprise is doing business has been designated a high unemployment area.