So you have scanned the .us available domain name lists and you have found the perfect name to start your .us domain name portfolio, all that is left is to register that name, right??? Not exactly, there are a few eligibility requirements that must be met in order to register a .us domain name. If those requirements are not met then you run a risk of having that name taken from you without a refund or any recourse to get the name back. It’s not as hard as it sounds, keep reading…

The usTLD Nexus Requirements

1.A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the
United States of America or any of its possessions or territories, or (iii) whose primary place
of domicile is in the United States of America or any of its possessions,

If you are a United States citizen, have permanent residence in The United States or if your primary residence is The United States then you have just fulfilled the necessary requirements for owning a .us domain name. You can stop here, you have eligibility. Go register that .us domain name that you have always dreamed of. All the rest of you, keep reading….

2.A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S.
states, the District of Columbia, or any of the United States possessions or territories, or (ii)
organized or otherwise constituted under the laws of a state of the United States of America,
the District of Columbia or any of its possessions or territories (including a federal, state, or
local government of the United States or a political subdivision thereof, and non-commercial
organizations based in the United States), or

If your company is incorporated in The United States or any US Territories then you are safe, although I would research this further if you are investing in high dollar .us domains or are planning on owning a large .us portfolio. All the rest of you, keep reading….

3.A foreign entity or organization that has a bona fide presence in the United States of America
or any of its possessions or territories.

This language is really tricky and for most domainers who don’t meet the first two requirements they feel that investing in .us domain names automatically gives them a bona fide presence in the United States. I’m afraid that is not the case. It is further explained here:

·Applicant must state country of citizenship.
·Applicant must also (1) regularly engage in lawful activities (sales of goods or services or
other business, commercial or non-commercial including not-for-profit activities) in the
United States; or (2) maintain an office or other property within the United States.

I personally do not feel that buying and selling domain names fulfills the definition of “bona fide presence” and could open you up to catastrophic loss if your eligibility is every questioned. Keep reading:

Prospective Registrants will certify compliance with Category 3 Nexus based upon
substantial lawful contacts with, or lawful activities in, the United States.
Factors that should be considered in determining whether an entity or organization has a
bona fide presence in the United States shall include, without limitation, whether such
prospective usTLD domain name Registrant:
·Regularly performs lawful activities within the United States related to the purposes for
which the entity or organization is constituted (e.g., selling goods or providing
services to customers, conducting regular training activities, attending conferences),
provided such activities are not conducted solely or primarily to permit it to register
for a usTLD domain name and are lawful under the laws and regulations of the
United States and satisfy policies for the usTLD, including policies approved and/or
mandated by the DoC;
·Maintains an office or other facility in the United States for a lawful business,
noncommercial, educational or governmental purpose, and not solely or primarily to
permit it to register for a usTLD domain name

If you think that you may stay under the radar and take your chances on registering a dot us domain name, you may be right. You may register hundreds of dot us domains without ever being questioned but that possibility is always there. I have at least one DropZone reader, a United States citizen, who nearly lost .us domains while trying to prove eligibility. I would love to see you have the opportunity to invest in .us domains but I would hate to see them taken away from you. Conduct your due diligence before registering .us domain names, there really is a lot to lose otherwise.

Related posts:

1. My view on .us domain names