comparing the united states eb1 and eb5 visas

8/9/2019 Comparing the United States EB1 and EB5 Visas

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Comparing the United States EB1 and EB5 Visas

The fifth preference employment based visa (EB5) was created in 1990 as a

way for foreign investors to gain United States permanent residency (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 first preference employment based visa (EB1)

was also created as a part of the Immigration Act of 1990, but it depends on

the immigrant being able to directly provide their unique ability or talent to

the American workforce through their chosen profession. In this article wewill take a closer look at the EB1 and EB5 visas and see how the two compare

and contrast.

EB1 Visa This visa requires that the immigrant in question have'extraordinary ability,' be an 'outstanding professor' or a 'muiltinationalexecutive or manager.' According to the governments web page, these termsare defined as follows:

1)Extraordinary Ability To be considered a person of extraordinaryability ou must be able to demonstrate extraordinary ability in thesciences, arts, education, business, or athletics through sustained nationalor international acclaim. Your achievements must be recognized in yourfield through extensive documentation. No offer of employment isrequired.

Required Evidence - You must meet 3 of the 10 Extraordinary Ability criteriabelow, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar,Olympic Medal).

2)Outstanding professors and researchers - To qualify as an outstandingprofessor or researcher you must demonstrate international recognition


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for your outstanding achievements in a particular academic field. You musthave at least 3 years experience in teaching or research in that academicarea. You must be entering the United States in order to pursue tenure ortenure track teaching or comparable research position at a university or

other institution of higher education.

Required Evidence - You must include documentation of at least two ofthe Outstanding professor or researcher criteria listed below and have anoffer of employment from the prospective U.S. employer.

3) Multinational Manager or Executive To qualify under this category youmust have been employed outside the United States in the 3 years preceding

the petition for at least 1 year by a firm or corporation and you must beseeking to enter the United States to continue service to that firm ororganization. Your employment must have been outside the United States in amanagerial or executive capacity and with the same employer, an affiliate, or asubsidiary of the employer.

Required Evidence - Your petitioning employer must be a U.S. employer.Your employer must have been doing business for at least 1 year, as anaffiliate, a subsidiary, or as the same corporation or other legal entity thatemployed you abroad.

Extraordinary Ability Criteria: You must meet 3 out of the 10 listed

criteria below to prove extraordinary ability in your field:

y Evidence of receipt of lesser nationally or internationally recognizedprizes or awards for excellence

y Evidence of your membership in associations in the field which demandoutstanding achievement of their members

y Evidence of published material about you in professional or major tradepublications or other major media

y Evidence that you have been asked to judge the work of others, eitherindividually or on a panel

y Evidence of your original scientific, scholarly, artistic, athletic, orbusiness-related contributions of major significance to the field

y Evidence of your authorship of scholarly articles in professional ormajor trade publications or other major media


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y Evidence that your work has been displayed at artistic exhibitions orshowcases

y Evidence of your performance of a leading or critical role indistinguished organizations

y Evidence that you command a high salary or other significantly highremuneration in relation to others in the fieldy Evidence of your commercial successes in the performing arts

Outstanding Professor or Researcher Criteria:

y Evidence of receipt of major prizes or awards for outstandingachievement

y Evidence of membership in associations that require their members todemonstrate outstanding achievement

y Evidence of published material in professional publications written byothers about the alien's work in the academic field

y Evidence of participation, either on a panel or individually, as a judge ofthe work of others in the same or allied academic field

y Evidence of original scientific or scholarly research contributions in thefield

y Evidence of authorship of scholarly books or articles (in scholarlyjournals with international circulation) in the field

Application Process

y Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker.

y Outstanding Professors and Researchers: Your employer must file aForm I-140, Petition for Alien Worker.

y Multinational Manager or Executive: Your employer must file USCISForm I-140, Petition for Alien Worker.

EB5 Visa In stark contrast to the EB1 visa, lays the EB5 investor visa.According to the governments web page, to qualify for the EB5 visa programyou must:


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1) Invest or be in the process of investing at least $1,000,000. Ifyour investment is in a designated targeted employment area (ATargeted Employment Area is defined by law as a rural area oran area that has experienced high unemployment of at least 150

percent of the national average.) then the minimum investmentrequirement 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. Thisincludes U.S. citizens, Green Card holders (lawful permanent

residents) and other individuals lawfully authorized to work inthe U.S. (however it does not include you (the immigrant), or yourspouse, sons or daughters).

4)Be involved in the day-to-day management of the new business ordirectly manage it through formulating business policy forexample as a Limited Partner, corporate officer or board member.

We see in this comparison that despite the EB1 and EB5 both being

employment based visas, they are very different in nature and offer disparate

paths to a green card visa. While the EB1 requires significant personal

accomplishment, education and/or experience along with the promise of a

direct contribution to the American workforce by the immigrant in question,

the EB5 visa relies on an immigrants investment to create new full-time

American jobs for that workforce.

Clickhere if you are interested in learning more about the eb5 visa program,also known as the immigrant investor visa.

comparing the united states eb1 and eb5 visas

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