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What is the difference between L-1 visa and EB-5 visa application processes?

I am interested in immigrating to the United States, but I am not sure of the best route to take. I know EB-5 visas result in permanent residency if the project succeeds and that L-1 visas allow you to work in the U.S., but it’s not permanent. Any help would be appreciated. Thank you.

Answers

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    Answered on

    In general terms, the L-1 visa is a nonimmigrant visa allowing a foreign-based entity to open a new office in the United States and either transfer a multinational executive or manager (L-1A) or specialized knowledge personnel (L-1B) to that office. It leads to a permanent resident status in the U.S. However, an I-140 petition is required first and, if approved, the L-1 transferee is eligible to apply for adjustment of status to that of a permanent resident in the U.S. (if physically in the U.S.) or consular process and receive an immigrant visa to be admitted as a permanent resident of the U.S. (if abroad upon I-140 approval). In this case, a green card is a permanent green card in the U.S. In contrast, an EB-5 visa is an immigrant visa and directly leads to a conditional permanent resident status (for 2 years) and then you must apply for removal of conditions to obtain a permanent green card in the U.S. Requirements are different for each type of visa and you should consult an experienced immigration attorney for a more in-depth discussion of your specific situation and what type of visa is best for you.

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    Answered on

    The difference between and L-1 non-immigrant visa and an EB-5 Investor visa is EB-5 leads to Lawful Permanent Residency or so-called "green card" status and, in the case of the L-1 visa, it is a temporary visa with a maximum duration of 7 years for managers and 5 years for those who qualify based on specialized talents. Should one qualify for L-1A status as a manager, it also creates the legal basis to qualify independently for Lawful Permanent Residency or "green" card status without going through the EB-5 program.

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    Answered on

    L-1 will allow you to work in the United States as an intracompany transferee for a United States branch, subsidiary, or joint venture related to your foreign company. Criteria for this is completely different than an EB-5 immigrant investor processing. When you are ready to proceed, you should sit down with an attorney and discuss what option best suits your needs.

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    Answered on

    The two forms of visas are different both in terms of requirements for qualification, purposes and usage. On the one hand, L-1 is a work visa. It allows a foreign company to transfer its foreign employees, particularly managerial staff, to enter the United States and work at the U.S. branch of the company. On the other hand, EB-5 is an investor permanent residence (green card) program, which allows individuals who can invest $1 million (or $500,000), earned from a legal source(s) that results in the creation of at least 10 full-time jobs within 2 years. The investor will get a green card along with immediate family members. Advisably, consult an immigration attorney for further information before proceeding further on either of these two options.

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    Answered on

    The L-1A is a nonimmigrant visa but, after the United States company is up and running, you can apply for permanent residency through your own company under EB-1c.

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    Answered on

    L-1 is when your company has a branch located United States branch and they transfer you temporarily to the U.S.

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    Answered on

    The L-1 is a temporary work visa that functions as an intracompany transfer. If both companies are large enough, the L-1 can be converted into a green card. However, the EB-5 program requires an investment, presently $500,000. If you invest in a good project, this is much easier unless you are a senior manager being transferred between two large companies that have common ownership.

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    Answered on

    This is a great but complex question. I would recommend a consultation with an investment immigration attorney to gain an understanding as to which alternative would be most suitable to reach your goals.

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