The United States Citizenship and Immigration Services (USCIS) offers different paths that allow foreign investors to be admitted to America to engage in business. Depending on the business activity and the applicant’s characteristics, the EB1-C and the EB-5 visas can be excellent options.
In this article, you will discover the difference between the EB1-C and the EB5 classification.
Employment-Based Visas – The Fundamentals
The EB (Employment-Based) category is a major visa classification that encompasses several other subcategories. Each subcategory has specific eligibility criteria, which vary from one visa to another.
Explaining the EB1-C Visa
The Employment-Based Immigration: First Preference (EB-1) subcategory applies to priority workers, which includes:
- Noncitizens of extraordinary ability
- Outstanding professor or researchers, or
- Certain multinational executives or managers
The EB1-C is an immigrant visa classification applied only to eligible multinational managers and executives. This visa allows foreign companies to transfer a manager or executive to a related company in the United States.
One of the most common requirements associated with employment-based visas is the labor certification requirement.
Also referred to as “PERM,” this process requires the US employer to apply for certification with the US Department of Labor and only then apply for a visa on behalf of the prospective foreign employer.
Fortunately, the US employer does not need to go through labor certification in this case, as EB1-C applicants must only meet the job offer requirement. As a subset of the EB-1 category, the EB1-C classification has specific eligibility requirements established by USCIS:
- The applicant must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission (if the applicant is already working for the US petitioner)
- The petitioner (US employer) must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the US, and intend to employ you in a managerial or executive capacity
Explaining the EB-5 Visa
Also known as the “million-dollar visa,” the Employment-Based Immigration: Fifth Preference (EB-5) subcategory is reserved for eligible foreign investors willing to invest the minimum amount required in a new commercial enterprise that employs at least ten full-time qualifying US workers.
Currently, the minimum amount of EB-5 investment is $1,050,000. If the applicant prefers to invest the amount in a commercial enterprise located in a Targeted Employment Area (TEA), it is possible to qualify for a reduced investment of $800,000.
The amount can be invested to form a new US business, purchase an existing company, or through a Regional Center. Unlike other investor visas, the EB-5 classification admits passive investments.
A TEA can be a rural area or an area highly affected by high unemployment rates. While the EB-5 investment requirement is particularly high compared to other visas, the advantages of this classification are worth the amount invested.
The EB-5 investor can bring a spouse and unmarried children (under 21) to the United States as permanent residents, which gives them the right to work, study, and live anywhere nationwide.
Discover the Best Visa for Your Case – Immediately Contact a Well-Versed Immigration Attorney
Waste no time with uncertainty. Contact Immigration Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.
