American Samoa

Foreign Investor Entry Permit

The Foreign Investor Entry Permit allows foreign nationals to enter and reside in American Samoa while establishing and managing an investment enterprise. The program operates under two complementary pieces of territorial legislation: ASCA Title 27, Chapter 26 (enacted by Public Law 20-80 in 1988 and amended by Public Law 22-11 in 1991), which governs the Certificate of Foreign Investment, and ASCA §41.0409, which creates the entry permit within the immigration framework. It is administered jointly by the Director of Development Planning (who reviews and issues Certificates of Foreign Investment) and the Attorney General's Immigration Office (which issues the entry permits). American Samoa is the only U.S. territory that maintains its own independent immigration system, and this permit exists entirely under territorial law, separate from federal investor visas like the EB-5. The program targets foreign investors seeking to establish enterprises that will strengthen and diversify the territory's economic base, with a legislative preference for new industries and high-labor-using industries.

Individual investors must commit a minimum of USD 1,000,000. Group investors must invest at least USD 250,000 per person, with a total enterprise minimum of USD 5,000,000. The enterprise must derive at least 60% of its gross receipts from foreign sources. Foreign investment must supplement rather than displace local needs and must be consistent with existing social, cultural, economic, and environmental objectives. The legislation prioritizes new industries and high-labor-using industries over direct competition with existing locally owned small businesses. The Director publishes annual compilations identifying sectors where investment is promoted, restricted, or discretionary, which may limit available enterprise types.

The process begins with submitting a Certificate of Foreign Investment application to the Director of Development Planning, including detailed personal information (name, age, residence, nationality, business history, medical history, felony records, and spouse/dependent/partner information) and a comprehensive business plan covering the form of business, investment amount, nature of activities, expected employment, training programs, infrastructure demands, capital and financing sources, ecological impact, and community benefit. The Director reviews the application against 14 statutory criteria and must issue or deny an approval letter within 120 days.

If approved, the applicant has 180 days to demonstrate access to sufficient financing to construct and begin operations. The financing proof must show resources available within 120 days of certificate issuance. Failure to demonstrate adequate financing within the 180-day window automatically voids the approval with no extensions permitted. Upon proof of financing, the Director issues or denies the certificate within 30 days. The certificate is then forwarded to the Governor for final approval within 20 days (deemed approved if no action is taken).

Separately, the investor applies to the Immigration Office for the foreign investor entry permit, providing evidence of having submitted or intending to immediately submit the certificate application. Once the certificate is finally approved, the holder may commence construction and operations, and the certificate serves as the legal equivalent of a business license. Articles of incorporation or partnership must be filed with the Registrar upon final approval. The non-refundable application fee for the Certificate of Foreign Investment is USD 2,500.

The program is open to foreign investors — natural persons without United States citizenship or nationality, or permanent residency in American Samoa — who wish to make a qualifying investment. No specific educational or professional qualifications are required. Applicants must demonstrate personal and business integrity and must disclose felony arrest and conviction records as part of the background evaluation.

The investor must be actively involved in managing the enterprise. Certificate holders must submit annual compliance reports by January 3rd documenting the prior calendar year's activities, with sufficient information for the Director to determine compliance with the certificate's terms. Failure to file timely reports results in suspension of the enterprise's operations until documentation is submitted. The certificate cannot be transferred without Director approval. The Attorney General assists the Director in enforcing compliance with all foreign investment provisions.

The entry permit is valid for up to one year and is renewable through the Immigration Office. Permit holders must depart on the expiration date and reapply for renewal. The entry permit cannot extend more than 25 days beyond the Director's statutory deadline for the final decision on the certificate application. The Certificate of Foreign Investment has indefinite duration, subject to annual compliance reporting. Upon certificate revocation, investors receive a 6-month grace period to liquidate, transfer, or dispose of enterprise assets, during which all entry permits for the investor and family remain valid. If liquidation proves impossible, the government may purchase the investment at appraised value minus 20%.

The entry permit may cover the investor's spouse and up to 2 additional persons whose skills or knowledge are necessary to the enterprise. No separate application fee structure for dependants is specified in the legislation. Upon certificate revocation, family members' permits remain valid through the end of the 6-month grace period.

Upon approval of the Certificate of Foreign Investment, holders must apply for a residence permit under ASCA §41.0801 et seq. The entry permit itself confers no rights to establish citizenship, nationality, or permanent residence in the territory.

American Samoa operates its own tax system separate from the U.S. federal tax code. Qualifying industrial or business enterprises may receive temporary tax exemptions of up to 10 years from some or all local taxes, duties, and business license fees, provided exemptions do not exceed 200% of noncurrent investment value. No exemption applies to income from activities outside American Samoa.

Persons who fail to maintain lawful immigration status are subject to deportation proceedings. Unlike golden visa or passive investment programs available in many countries, this program requires active involvement in managing an enterprise within the territory. The legislative framework has remained substantially unchanged since the 1991 amendment to the original 1988 enactment.

Links

• https://asbar.org/code-annotated/41-0409-foreign-investor-entry-permits/
• https://asbar.org/code-annotated/27-2602-definitions/
• https://legalaffairs.as.gov/copy-of-immigration-office

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