| The fifth preference employment based visa (EB5) | | | | render services in an executive or managerial capacity |
| was created in 1990 as a way for foreign investors to | | | | to a branch of the same employer or one of its |
| gain United States permanent residency (and eventual | | | | qualifying organizations. |
| 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 | | | | Executive capacity – This generally refers to the |
| workers. The L-1A Visa allows a manager or | | | | employee's ability to make decisions of wide latitude |
| executive from a foreign nation to enter the United | | | | without much oversight. |
| States for the purposes of furthering their business. In | | | | Managerial capacity – This generally refers to the |
| this article we will take a closer look at the L1-A Visa | | | | ability of the employee to supervise and control the |
| and the EB5 Immigrant Investor visas to see how their | | | | work of professional employees and to manage the |
| paths to aGreen Card Visa compare and contrast. | | | | organization, or a department, subdivision, function, or |
| | | | | component of the organization. It may also refer to |
| | | | | the employee's ability to manage an essential function |
| L1-A Visa – As defined by the government's | | | | of the organization at a high level, without direct |
| website, the L-1A nonimmigrant classification: "enables | | | | supervision of others. |
| a U.S. employer to transfer an executive or manager | | | | |
| from one of its affiliated foreign offices to one of its | | | | More information on the L1-A visa can be found at |
| offices in the United States. This classification also | | | | USCIS.gov. |
| enables a foreign company which does not yet have | | | | |
| an affiliated U.S. office to send an executive or | | | | |
| manager to the United States with the purpose of | | | | EB5 Immigrant Investor Visa – In stark contrast to |
| establishing one. The employer must file Form I-129, | | | | the L1-A visa, lays the EB5 Immigrant Investor Visa. |
| Petition for a Nonimmigrant Worker, on behalf of the | | | | According to the government's web page, to qualify |
| employee." | | | | for the Eb5 Visa Program you must: |
| | | | | |
| L1-A Visa General Qualifications of the Employer and | | | | 1) Invest or be in the process of investing at |
| Employee - To qualify for L-1A classification in this | | | | least $1,000,000. If your investment is in a designated |
| category, the employer must | | | | targeted employment area (A Targeted Employment |
| 1) Have a qualifying relationship with a foreign | | | | Area is defined by law as "a rural area or an area that |
| company (parent company, branch, subsidiary, or | | | | has experienced high unemployment of at least 150 |
| affiliate, collectively referred to as qualifying | | | | percent of the national average) then the minimum |
| organizations); and | | | | investment requirement is $500,000. |
| | | | | |
| 2) Currently be, or will be, doing business as | | | | 2) Benefit the U.S. economy by providing goods |
| an employer in the United States and in at least one | | | | or services to U.S. markets. |
| other country directly or through a qualifying | | | | |
| organization for the duration of the beneficiary's stay in | | | | 3) Create full-time employment for at least 10 |
| the United States as an L-1. While the business must | | | | U.S. workers. This includes U.S. citizens, Green Card |
| be viable, there is no requirement that it be engaged in | | | | holders (lawful permanent residents) and other |
| international trade. | | | | individuals lawfully authorized to work in the U.S. |
| | | | | (however it does not include you (the immigrant), or |
| | | | | your spouse, sons or daughters). |
| Doing business means the regular, systematic, and | | | | |
| continuous provision of goods and/or services by a | | | | |
| qualifying organization and does not include the mere | | | | 4) Be involved in the day-to-day management |
| presence of an agent or office of the qualifying | | | | of the new business or directly manage it through |
| organization in the United States and abroad. | | | | formulating business policy – for example as a |
| Also to qualify, the named employee must | | | | Limited Partner, corporate officer or board member. |
| 1) Generally have been working for a | | | | |
| qualifying organization abroad for one continuous year | | | | We see in this comparison that despite the fact that |
| within the three years immediately preceding his or her | | | | the L1-A and EB5 immigrant investor visas both rely |
| admission to the United States; and | | | | on certain job based requirements being satisfied; the |
| | | | | two are very different in nature and offer disparate |
| 2) Be seeking to enter the United States to | | | | paths to a green card visa. |