o-1 and eb5 immigrant investor visas compared

8/9/2019 O-1 and EB5 Immigrant Investor Visas Compared

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O-1 and EB5 Immigrant Investor Visas Compared

The fifth preference employment based visa (EB5) was created in1990 as a way for foreign investors to gain United Statespermanent residency (and eventual citizenship if desired),through an investment in a new or pre-existing American businessthat sees the creation of at least 10 new full-time jobs forAmerican workers. The 0-1 is described as being “… for theindividual who possesses extraordinary ability in the sciences,arts, education, business, or athletics, or who has a demonstratedrecord of extraordinary achievement in the motion picture ortelevision industry and have been recognized nationally or

internationally for those achievements.” In this article we will takea closer look at the O-1 and the Eb5 Green Card visas to see howthe two compare and contrast.

O-1 Visa: Individuals with Extraordinary Ability or Achievement - The O-1 nonimmigrant visa is for the individual who possessesextraordinary ability in the sciences, arts, education, business, orathletics, or who has a demonstrated record of extraordinaryachievement in the motion picture or television industry and havebeen recognized nationally or internationally for thoseachievements.

0-1 Visa Classifications:

1) O-1A: individuals with an extraordinary ability in thesciences, education, business, or athletics (not including

the arts, motion pictures or television industry)

2) O-1B: individuals with an extraordinary ability in the arts,or extraordinary achievement in motion picture ortelevision industry

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3) O-2: individuals who will accompany an O-1, artist orathlete, to assist in a specific event or performance. Foran O-1A, the O-2’s assistance must be an “integral part”of the O-1A’s activity. For an O-1B, the O-2’s assistance

must be “essential” to the completion of the O-1B’sproduction. The O-2 worker has critical skills andexperience with the O-1 that cannot be readily performedby a U.S. worker and which are essential to the successfulperformance of the O-1

4) O-3: individuals who are the spouse or children of O-1’sand O-2’s



Eligibility Criteria - To qualify for an O-1 visa, the beneficiary

must demonstrate extraordinary ability in the sciences, arts,

education, business, or athletics by sustained national or

international acclaim and must be coming temporarily to the

United States to continue work in the area of extraordinary ability.

Extraordinary ability in the field of arts means distinction.

Distinction means a high level of achievement in the field of the

arts evidence by a degree of skill and recognition substantially

above the ordinarily encountered to the extent that a person

described as prominent is renowned, leading, or well-known in the

field of arts. Extraordinary ability in the fields of science,education, business or athletics means a level of expertise

indicating that the person is one of the small percentage who has

risen to the very top of the field of endeavor.

To qualify for an O-1 visa in the motion picture or television

industry, the beneficiary must demonstrate extraordinary

achievement evidenced by a degree of skill and recognition

significantly above that ordinarily encountered to the extent the

person is recognized as outstanding, notable or leading in the

motion picture and/or television field.

EB5 Immigrant Investor Visa – In stark contrast to the O-1visa, lays the EB5 Green Card, also known as the ImmigrantInvestor Visa. According to the government’s web page, to qualifyfor the EB5 Investor Visa you must:

1) Invest or be in the process of investing at least $1,000,000.If your investment is in a designated targeted employmentarea (A Targeted Employment Area is defined by law as “arural area or an area that has experienced 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 toU.S. markets.

3) Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawfulpermanent residents) and other individuals lawfullyauthorized to work in the U.S. (however it does not includeyou (the immigrant), or your spouse, sons or daughters).

4) Be involved in the day-to-day management of the newbusiness or directly manage it through formulating businesspolicy – for example as a Limited Partner, corporate officer orboard member.

We see in this comparison that despite the fact that the O-1 and

EB5 immigrant investor visas both rely on certain job based

requirements being satisfied; the two are very different in natureand offer disparate paths to a Green Card Visa.

This article was written by Terry Martin. For information on the Eb5 Green Card also known as the Immigrant Investor Visa, and

to learn how to earn a Green Card Visa through this program, herecommends you visit Eb5Central.com.











o-1 and eb5 immigrant investor visas compared

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