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Foreign Investor Entry Permit

American SamoaInvestment

Explore the five recorded questions, answers and sources for this pathway.

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What investment option or options qualify?

Investment in an American Samoa enterprise that holds, or has been approved for, a certificate of foreign investment issued by the Director of Development Planning. A foreign investor is a natural person without United States nationality or citizenship, or permanent residency in American Samoa, who is approved for and participates in such an enterprise project. Two structures qualify: financing an individual enterprise with an approval letter for a certificate of foreign investment, or a stake in a bona fide corporation or partnership registered in American Samoa with such a letter.

See recorded sources
  • A.S.C.A. 41.0801(a)
    "Foreign Investment" means the investment made by a foreign investor in an enterprise in American Samoa pursuant to a certificate of foreign investment issued by the director.
  • A.S.C.A. 41.0801(d)
    "Director" means the Director of Development Planning.

What official minimum amount, tier or threshold applies to each relevant option?

Two alternative, non-cumulative thresholds apply. Either the applicant has made available or obtained financing for an investment of at least $1,000,000 in an individual enterprise with an approval letter for a certificate of foreign investment, already placed in escrow in a designated, suitably insured financial banking institution in American Samoa; or the applicant has already invested at least $250,000 in a bona fide corporation or partnership capitalised at no less than $5,000,000, registered in American Samoa with such a letter. Separately, a non-refundable $500 application fee covers the spouse and two dependent children.

See recorded sources
  • A.S.C.A. 41.0802(a)(9)
    evidence that applicant has made available or obtained the financing for an investment of at least $1,000,000 (one million U.S. dollars) for an individual enterprise that has received an approval letter, pursuant to section 27.2608, for a certificate of foreign investment in American Samoa, with such investment already placed in escrow in American Samoa in a designated, suitably insured, financial banking institution; or
  • A.S.C.A. 41.0802(a)(10)
    evidence that the applicant has already invested at least $250,000 (two hundred fifty thousand U.S. dollars) in a bona fide corporation or partnership capitalized at no less than $5,000,000 (five million U.S. dollars) registered in American Samoa with an approval letter for a certificate of foreign investment;
  • A.S.C.A. 41.0802(a)(1)
    a non-refundable application fee of $500 (five hundred U.S. dollars) for an accepted participant in an enterprise granted a certificate of foreign investment, which includes the spouse and two dependent children;

How long must the investment be maintained and what continuing ownership, investment or physical-presence conditions are important?

The foreign investor entry permit is valid for one year and renewable each subsequent year as long as the approved enterprise is in operation and all other requirements remain satisfied, subject to revocation on the conditions specified by law or rule. At each renewal the holder must present current proof of participation in an enterprise granted a certificate of foreign investment. If the certificate is revoked or the enterprise ceases business or is transferred, the Attorney General may revoke the permits six months after that date. There is no physical-presence or minimum-stay requirement.

See recorded sources
  • A.S.C.A. 41.0803(c)
    The foreign investor entry permit shall be valid for one year and shall be renewable each subsequent year as long as the approved enterprise is in operation and all other requirements remain satisfied, subject to revocation upon the conditions specified by law or rule.
  • A.S.C.A. 41.0804(a)
    the revocation shall not take effect until six months following the date of the business transfer or revocation of the certificate of foreign investment.
  • A.S.C.A. 41.0803(b)
    entry and exit, of any frequency or duration, to and from American Samoa

Which family members can be included where officially stated, and what broad residence/work rights result?

Family means the spouse and not more than two biological dependent children or dependent children by legal adoption, with adoption effective one year before the application. The Attorney General may issue permits to the investor, the spouse and two dependent children, and the $500 application fee covers them. The permit only allows entry and exit for the purposes of foreign investment and vests no right to own land, vote, hold elective office, permanent residence, or United States nationality or citizenship. Each family member needs a currently valid passport.

See recorded sources
  • A.S.C.A. 41.0801(g)
    "Family" means the spouse and not more than two biological dependent children or dependent children by legal adoption, effective one year prior to the date of the application for a foreign investor entry permit
  • A.S.C.A. 41.0803(b)
    The entry permit shall have no effect other than allowing entry and exit for the purposes of foreign investment and shall not vest in any permit holder any rights to own land, vote, hold elective office, permanent residence, or rights to United States nationality or citizenship.

What status is obtained, how is it renewed, what longer-term residence/citizenship direction is officially stated, and what happens to the investment when relevant?

The holder obtains an entry permit, renewable yearly, which vests no right to own land, vote, hold elective office, permanent residence, or United States nationality or citizenship. While holding or named on the permit, a person is excluded from applying for admission under any other preference or for permanent residence, regardless of eligibility. When the permit expires or is terminated or revoked, the person must leave the Territory before applying under any other provision. On the investment, the law addresses only refusal: the escrow agent or corporation is instructed to return the full investor funds on deposit.

See recorded sources
Limits of the record
    • A.S.C.A. 41.0805(a)
      Every person who enters the Territory under this chapter is excluded from applying for admission under any other preference or for permanent residence, regardless of such person eligibility for admission, for as long as such person holds or is named on a foreign investment entry permit.
    • A.S.C.A. 41.0805(b)
      Every person whose foreign investment entry permit expires or is terminated or revoked, must leave the Territory before applying for admission under any other provision of this title.
    • A.S.C.A. 41.0803(e)
      The Attorney General shall additionally notify and instruct the escrow agent or corporation to return to the applicant the full amount of the investor funds on deposit

    These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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