P-1A and EB5 Immigrant Investor Visas Compared

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 in a new or pre-existing American business that sees the creation of at least 10 new full-time jobs for American workers.The P-1A Internationally Recognized Athlete Visa allows a foreign citizen with an exceptional talent in the athletics to enter the United States for the purposes of international competition.In this article we will take a closer look at the P-1A Visa and the Eb5 Green Card to see how their paths to a Green Card Visa compare and contrast.  P-1A Visa As defined by the governments website, the P-1A  nonimmigrant classification applies if you are coming to the U.S.temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.Application Process To come to the United States your U.S.employer must file a Form I-129, Petition for Non-Immigrant Worker, accompanied by the appropriate fee and supporting documentation.Supporting Documents The Form I-129 must include the following documents:1)       A written consultation from an appropriate labor organization 2)       A copy of the contract with a major U.S.sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport 3)       An explanation of the event and itinerary 4)       Documentation of at least two of the following:A)      Evidence of having participated to a significant extent in a prior season with a major United States sports leagueB)      Evidence of having participated to a significant extent in international competition with a national teamC)      Evidence of having participated to a significant extent in a prior season for a U.S.college or university in intercollegiate competitionD)     A written statement from an official of a major U.S.sports league or an official of the governing body of the sport which details how you or your team is internationally recognizedE)      A written statement from a member of the sports media or a recognized expert in the sport which details how you or your team is internationally recognizedF)      Evidence that you or your team is ranked, if the sport has international rankingsG)      Evidence that you or your team has received a significant honor or award in the sport  EB5 Immigrant Investor Visa n stark contrast to the P-1A visa, lays the Eb5 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 despite the fact that the P-1A and EB5 immigrant investor visas both rely on certain performance based requirements being satisfied; the two are very different in nature and offer disparate paths to a Green Card Visa.