EB5 Immigrant Investor Visa and A2 Visas Compared

Jul 16
07:40

2010

M Frizzi

M Frizzi

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In this article we will take a closer look at the A-2 and Eb5 Green Card visas to see how the two visa programs compare and contrast.

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The fifth preference employment based visa (EB5) was created in 1990 as a way for foreign investors to gain United States permanent residency (and eventual citizenship if desired),through an investment of at least a half a million dollars (if certain requirements are met) in a new or pre-existing American business that sees the creation of at least 10 new full-time jobs for American workers.The A-2 is a visa for foreign officials who do not fall into the diplomat category.This visa allows these individuals to enter the United States for the purposes of engaging in activities which officially and directly relate to performing their duties.In this article we will take a closer look at the A-2 visa and the EB5 Visa Program to see how the two visa programs compare and contrast.A-2 Visa As per the governments website,foreign officials who are traveling to the United States on official business must obtain an A visa prior to their entry.They cannot travel on tourists visas,or visa free under the Visa Waiver Program.Please note that U.S.visa law indicates that if a visa applicant is entitled to an A visa as a principal or dependent,he or she must receive an A visa.The exceptions to this rule are extremely limited.Qualified A visa applicants traveling to the United States for assignments of less than 90 days will be issued visas annotated TDY (temporary duty).As part of the visa application process,when applying abroad,an interview at the embassy consular section is required for most visa applicants.Embassies and consulates generally do not require an interview for those applying for A-1 and A-2 visas; however,a consular officer can request an interview.Personal employees,attendants and servants of A visa holders,that is,applicants for A-3 visas,are required to be interviewed.Additionally,as part of the visa interview,an ink-free,digital fingerprint scan will be quickly completed.Visa application forms should be delivered to the embassy or consulate in the country in which they are a resident.EB5 Immigrant Investor Visa In stark contrast to the A-2 Visa,lays the Immigrant Investor Visa.According to the governments 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 A-2 and EB5 immigrant investor visa are very different in nature.While the A-2 allows a foreign official to enter the country for the purposes of performing job related activitiesFeature Articles,the EB5 visa relies on an immigrants investment to create new full-time jobs for the American workforce and provides them with a clear path to a Green Card Visa.