Specific requirements for granting of benefits

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  • In order to qualify and remain eligible for benefits provided under this subchapter, an applicant must fulfill the following specific qualifications and requirements:
    • (1) Establish or continue to maintain a business with valid licenses and permits within a Commercial Zone;

    • (2) Invest at least $75,000 or invest an additional amount of $75,000, in the rehabilitation of the building used by a business that will advance the economic well being of the Territory. The fair market value of all equipment leased for a term of at least five years must be included in determining compliance with the investment requirement. The minimum investment required by this section may be reduced, if the Commission finds that the proposed business will provide sufficient employment to justify the lower investment;

    • (3) In the case of a natural person, be a resident of the Virgin Islands as defined in section 1017a(6) of this subchapter;

    • (4) Actually invest in the Commercial Zone rather than being a contractor, subcontractor, person or corporation acting as an agent or representative in a similar capacity to the investor;

    • (5) Meet such standards of ecological compatibility that may be established by Federal or Territorial law;

    • (6) Employ at least four residents of the Virgin Islands and one paid apprentice in such business directly or through subcontractors or, for existing businesses, add at least four new employees and one paid apprentice who are residents of the Virgin Islands, either during the construction period, or on a permanent basis in the operation of the business. The commission may waive this requirement upon a demonstration to the Commission that the employment of the prescribed number of persons in the particular enterprise would not be economically feasible or practical, and upon a further finding by the Commission that the desirability of the proposed enterprise outweighs the fact that it will not provide employment for at least two residents, or for two additional residents;

    • (7) Comply with all Federal and Territorial laws, including anti-discrimination and wrongful discharge laws;

    • (8) For any applicant who proposes to do business on land adjoining any beach or shoreline of the Virgin Islands, agree to grant to the Government of the Virgin Islands a perpetual easement upon and across such land to the beach or shoreline to provide free and unrestricted access thereto to the public. The easement must be duly recorded in the Recorder of Deeds upon the designation of the business as a Commercial Zone Business; and

    • (9) Agree in writing to notify the Virgin Islands Employment Service as to the availability of employment by the business or its subcontractors, the number of employees required, the occupational classification of such workers, and the applicable wage rate.


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