8/9/2019 Comparing the United States E3 and EB5 Investor Visas

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Comparing the United States E3 and EB5 Investor Visas

 The fifth preference employment based visa (EB5) was created in 1990 as a wayfor foreign investors to gain a green card visa and permanent United Statesresidency (and eventual citizenship if desired) through an investment in a new or

pre-existing American business that sees the creation of at least 10 new full-time jobs for American workers. The E-3 visa is described by the government’s websiteas being a “classification (that only) applies only to nationals of Australia. Youmust be coming to the United States solely to perform services in a specialtyoccupation. The specialty occupation requires theoretical and practical applicationof a body of knowledge in professional fields and at least the attainment of abachelor's degree, or its equivalent, as a minimum for entry into the occupation inthe United States.” In this article we will take a closer look at the E3 and EB5Immigrant Investor visas to see how the two compare and contrast.

E-3 Visa - To qualify for an E-3 visa, you must demonstrate that:

1)  You are a national of Australia2)  You have a legitimate offer of employment in the United States3)  You possess the necessary academic or other qualifying credentials4)  The position that you are coming to fill qualifies as a specialty occupation

Hot to Apply for a E3 Visa With a U.S. Embassy or Consulate: To apply for initial E-3 classification for a worker outside of the United States, yourprospective employer should not submit a Form I-129, Petition for NonimmigrantWorker, with USCIS. Instead, you may apply for an E-3 visa at any U.S. embassy orconsulate that processes nonimmigrant petition-based visas. The following is required on the appointment date with the U.S. Embassy or

Consulate:1) State Department Nonimmigrant Visa Application Form2) Form ETA-9035, Labor Condition Application for E-3 Australia which was filed

by the prospective employer and certified by the U.S. Department of Labor.See the “Form ETA-9035, Labor Condition Application” link to the right.

3) Proof of Australian citizenship4) Letter from the prospective employer describing the job duties, academic

requirements, salary and anticipated length of stay (up to two yearsinitially)

5) Evidence of academic or other qualifying credentials. If the degree was notobtained from a U.S. university, it should be accompanied by a credentials

evaluation. All documents not in English must be translated6) In the absence of academic or other qualifying credential(s), evidence of 

education and experience that is equivalent to the required U.S. degree7) Copy of a license in the state of intended employment, if required to

practice the specialty occupation, or if licensure is not necessary toimmediately commence employment, evidence that you will be able toobtain the required license within a reasonable time after admission

How to Apply for an E-3 Visa from Within the United States: The Form I-129, Petition for Nonimmigrant Worker is used to apply for a change of 

8/9/2019 Comparing the United States E3 and EB5 Investor Visas

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status to obtain E-3 nonimmigrant temporary worker classification.

 Your Form I-129 must include the following documents:1) A Labor Condition Application (LCA) which cannot be the same application

used in a previous H-1B application. Until the Department of Labordevelops a new LCA for an E-3, the applicant should use the standard ETA-

9035 and ask that it be annotated as an E-3 LCA2) Academic or other credentials demonstrating qualifications for the position3)  Job offer letter or other documentation from the employer establishing that

you will be engaged in a specialty occupation and that you will be paid thehigher of the actual or prevailing wage

4) If required, before you may commence employment in the specialtyoccupation, you must have the necessary license or other official permissionto practice in the specialty occupation

EB5 Visa – In stark contrast to the E3 visa, lays the EB5 Investor visa. According

to the government’s web page, to qualify for the EB5 visa program you must:

1) Invest or be in the process of investing at least $1,000,000. If yourinvestment is in a designated targeted employment area (A TargetedEmployment Area is defined by law as “a rural area or an area that hasexperienced high unemployment of at least 150 percent of the nationalaverage.) then the minimum investment requirement is $500,000.

2) Benefit the U.S. economy by providing goods or services to U.S. markets.

3) Create full-time employment for at least 10 U.S. workers. This includes U.S.citizens, Green Card holders (lawful permanent residents) and otherindividuals lawfully authorized to work in the U.S. (however it does notinclude you (the immigrant), or your spouse, sons or daughters).

4) Be involved in the day-to-day management of the new business or directlymanage it through formulating business policy – for example as a LimitedPartner, corporate officer or board member.

We see in this comparison that despite the E3 and EB5 immigrant investor visaare very different in nature and offer disparate paths to a green card visa. Whilethe E3 allows a national of Australia to come to the United States for the purposes

of contributing their unique abilities to the American workforce, the EB5 visa relieson an immigrant’s investment to create new full-time jobs for that workforce.

 This article was written by Terry Martin. He recommends you visithttp://Eb5Central.com for more information on the eb5 investor visa, also knownas the immigrant investor visa.