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Pre-Certificate Foreign Investor Special 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?

This permit is tied to an application rather than a completed investment. It is open to individual applicants for a certificate of foreign investment under section 27.2301 et seq., who must show proof or prior submission of, or intent to immediately submit, an application to the Director of Development Planning. It allows travel into and out of American Samoa while that application is decided, and is not issued to applicants after the certificate of foreign investment is approved.

See recorded sources
  • A.S.C.A. 41.0409(a)
    The Attorney General or his designee, at his discretion, may issue to individual applicants for a certificate of foreign investment pursuant to section 27.2301 et seq., special entry permits.
  • A.S.C.A. 41.0409(d)
    Permits authorized under this section shall not be issued to applicants after the date of approval of a certificate of foreign investment.

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

A.S.C.A. 41.0409 sets no investment amount and no government fee for this permit. The capital thresholds and the $500 application fee belong to the Chapter 08 foreign investor entry permit, which follows approval of the certificate of foreign investment. The requirement here is proof or prior submission of, or intent to immediately submit, an application for a certificate of foreign investment; the investment amounts are set by the certificate regime in A.S.C.A. Title 27 section 27.2301 et seq.

See recorded sources
Limits of the record
    • A.S.C.A. 41.0409(b)
      must provide proof or prior submission of or intent to immediately submit an application for a certificate of foreign investment pursuant to section 27.2601 et seq.
    • A.S.C.A. 41.0802(a)(1), the Chapter 08 permit that follows this one
      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?

    There is nothing to maintain and no minimum stay, but the permit is short-lived and does not roll over. It runs for a period set by the Attorney General or his designee, not exceeding one year per permit; the applicant must leave on the date of expiration and re-apply for a new entry permit. In no case may it extend more than 25 days beyond the statutory deadline for the director's final decision on the certificate application. Within its term it allows unrestricted access into and departure from the Territory, with no physical-presence condition.

    See recorded sources
    • A.S.C.A. 41.0409(a)
      These permits allow unrestricted access into and departure from the Territory for a period of time set by the Attorney General of his designee not to exceed one year per permit.
    • A.S.C.A. 41.0409(b)
      The applicant must leave on the date of expiration of the entry permit and re-apply for a new entry permit.
    • A.S.C.A. 41.0409(b)
      In no case may an entry permit extend more than 25 days beyond the calendar date of the statutory deadline for the final decision of the director on the application for a certificate of foreign investment.

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

    Any entry permit may include the spouse of the applicant and not more than 2 other persons whose skills or knowledge are necessary to the enterprise; children are not named in this section, unlike the Chapter 08 foreign investor entry permit. The rights attached are unrestricted access into and departure from the Territory, and the permit vests no right in the holder to establish or attempt to establish citizenship, nationality or permanent residence in the Territory.

    See recorded sources
    Limits of the record
      • A.S.C.A. 41.0409(c)
        Any entry permit may include the spouse of an applicant and not more than 2 other persons whose skills or knowledge is necessary to the enterprise.
      • A.S.C.A. 41.0409(b)
        The special entry permit vests no rights in the holder to establish or attempt to establish citizenship, nationality or permanent residence in the Territory.

      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 has a discretionary special entry permit that vests no right to establish or attempt to establish citizenship, nationality or permanent residence in the Territory. Renewal is by re-application, not extension: the holder must leave on the date of expiration and re-apply, and no permit may run more than 25 days beyond the statutory deadline for the director's final decision on the certificate application. Once the certificate is approved, this permit is no longer issued and persons must apply for residence permits under section 41.0801 et seq., the Chapter 08 foreign investor entry permit.

      See recorded sources
      Limits of the record
        • A.S.C.A. 41.0409(d)
          Persons must apply for permits for residence pursuant to the provisions of section 41.0801 et seq.
        • 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
        • A.S.C.A. 41.0805(a)
          is excluded from applying for admission under any other preference or for permanent residence

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

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