H-3 and EB5 Immigrant Investor Visa Compared
In this article we will take a closer look at the H3 visa and the EB5 Immigrant Investor Visa 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 H-3 Nonimmigrant Trainee visa is described
by the governments website as being for individuals who been invited by an
individual or organization for the purpose of receiving training in any field
including, but not limited to, Commerce, Communications, Finance, Government,
Transportation, Agriculture or other professions.In this article we will take a
closer look at the H-3 Non-Immigrant Trainee visa and the EB5 Green Card visas
to see how the two compare and contrast. H-3 Non-Immigrant Trainee Visa: As per the
governments website: This visa is described asfor individuals who been invited
by an individual or organization for the purpose of receiving training in any
field including, but not limited to, Commerce, Communications, Finance,
Government, Transportation, Agriculture or other professions.You are not
eligible for this classification if you are coming to the United States for
graduate education or training.If you are coming to the United States for
graduate education or training please refer to the J-1 and F-1 classifications.This
classification is not intended for employment within the United States.It was
designed to provide you with job related training for you to work in your home
country.This visa category is also available for someone who wishes to enter
the United States in order to participate in a structured program that provides
for practical training and experience in the education of children with
physical, mental or emotional disabilities. This is called the special
education H-3 classification and has slightly different eligibility
requirements. Qualifications: In order
to obtain H-3 classification, a U.S.employer or organization must provide: 1) Detailed description of the structured
training program in which you wish to pursue.The description should indicate
the number of hours per week that you will be in classroom training and the
number of hours per week that you will be involved in on-the-job training2) Summary of your prior training and experience3) Explanation of why your training is needed4) Explanation of why you cant take the
training in your home country5)
Explanation of how the training will benefit you in pursuing your career
in your home country6) Explanation of
how your employer or organization will pay for the cost of providing you the
training without actually employing you Eligibility CriteriaIn order to obtain
H-3 classification, a U.S.employer or organization must provide: 1) Detailed description of the structured
training program in which you wish to pursue.The description should indicate
the number of hours per week that you will be in classroom training and the
number of hours per week that you will be involved in on-the-job training2) Summary of your prior training and
experience3) Explanation of why
your training is needed4)
Explanation of why you cant take the training in your home country5) Explanation of how the training will
benefit you in pursuing your career in your home country6) Explanation of how your employer or
organization will pay for the cost of providing you the training without
actually employing you Special Education H-3 Training VisaIn order to be
eligible for the special education H-3 training visa, the U.S.employer or
organization must submit a description of the training you will take as well as
a description of the staff and facilities where you will be trained.The
employer should also explain the details of your participation in the training.In
addition, the U.S.employer or organization must show that they are doing one of
the following:1) Nearing the
completion of a baccalaureate degree program in special education2) That you already have a baccalaureate
degree in a special education program3)
That you have experience in teaching children with physical, mental or
emotional disabilities.EB5 Immigrant Investor Visa In stark contrast to the
H-2B 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 H-2B and EB5
immigrant investor visas both relying on certain job based requirements; the
two are very different in nature and offer disparate paths to a Green Card
Visa.
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