M Frizzi

P1-B and EB5 Immigrant Investor Visas Compared

In this article we will take a closer look at the P1-B Visa and the EB5 Immigrant Investor visas to see how their paths to a Green Card Visa compare and contrast. 

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-1B nonimmigrant Visa allows a foreigner who is a member of an internationally recognized music or entertainment to enter United States. In this article we will take a closer look at the P-1B Visa and the EB5 Immigrant Investor visas to see how their paths to a Green Card Visa compare and contrast. 

P1-B Visa – As defined by the government’s website, the P1-B visa “applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

Your entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.

Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.

EB5 Immigrant Investor Visa – In stark contrast to the P-1B visa, lays the EB5 Immigrant 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 despite the P1-B and EB5 immigrant investor visas both relying on certain requirements being satisfied; one is a temporary visa, while the other provides a path to an eventual Green Card Visa.

Article Tags: Immigrant Investor, Investor Visas

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