How does the EB-5 visa differ from an L-1 visa (manager/executive transfer)?

With an EB-5 visa, you obtain a green card for permanent residence in the United States. The green card is conditional. If the investment is made through a Regional Center, the investment may be passive – not requiring daily oversight – and the investor and his family may live, work, or study where they wish.

The L-1 visa is a temporary, work visa for an executive or manager, which has the following disadvantages: 1) requires prior employment in a related company overseas; 2) may never result in permanent residence; 3) has time limits (up to 5-7 years), 4) has to be extended periodically, requiring additional filings with the USCIS and an embassy abroad; and 5) ties the holder to the company in which he or she is working. If the company lays-off the employee, his status is lost.

While the L-1 visa can be a first step to a green card through the EB-1 petition process, USCIS has recently cracked down on L-1 extensions and EB-1 green card petitions for managers and executives, requiring more subordinate employees to qualify and disallowing owner-operators from qualifying. The advantage of the EB-1 petition is that if it is approved, the green card is unconditional.

To discuss the benefits of obtaining an EB-5 visa for entry into the United States, don’t hesitate to consult with an EB-5 visa lawyer. Contact White & Associates today by calling 818-730-3540.