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Comparing the United States H1-B and EB5 Investor Visas

In this article we will take a closer look at the H1-B and EB5 Immigrant Investor visas to see how the two compare and contrast.

The fifth preference employment based visa (EB5) was created in 1990 as a way for foreign investors to gain a green card visa and permanent United States 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 H1-B visa is described by the government’s website as being a “visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.” In this article we will take a closer look at the H1-B and EB5 Immigrant Investor visas to see how the two compare and contrast.

The job must meet one of the following criteria to qualify as a specialty occupation:

1. Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
   
   
2. The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
   
   
3. The employer normally requires a degree or its equivalent for the position
   
   
4. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.*

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

1. Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
   
   
2. Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
   
   
3. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
   
   
4. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty

H-1B2 - DOD Researcher and Development Project Worker Requirements –

The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:

1. The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense
   
   
2. A bachelor’s or higher degree, or its equivalent is required to perform duties

To be eligible for this visa category you must meet one of the following criteria: 

1. Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
   
   
2. Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
   
   
3. Hold an unrestricted State license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
   
   
4. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty

H-1B3Fashion Model Requirements –

The position/services must require a fashion model of prominence.

To be eligible for this visa category you must be a fashion model of distinguished merit and ability.

EB5 Visa – In stark contrast to the H1-B visa, lays the eb5 investor visa. According to the government’s web page, to qualify for the eb5 visa program you must: 

1. Invest or be in the process of investing at least $1,000,000.  If your investment is in a designated targeted employment area (A Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.) then the minimum investment requirement 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.  This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters).
   
   
4. Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a Limited Partner, corporate officer or board member.

We see in this comparison that the H1-B and EB5 immigrant investor visas are very different in nature and offer disparate paths to a green card visa. While the H1-B allows a foreign national to enter the country so they may provide a unique or unusual service in a specialty occupation, the EB5 visa relies on an immigrant’s investment to create new full-time jobs for the American workforce.

Article Tags: Investor Visas, Fashion Model, Must Meet, Higher Degree, Specialty Occupation

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