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What is the difference between an EB-5 visa and a L-1 visa?

I would like to do business in the U.S. I see I could try for EB-5 or L-1. How does the EB-5 visa differ from an L-1 visa? What are the advantages of EB-5?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    L-1 visa is a non-immigrant visa. Being a dual intent visa, it allows the visaholder to apply for permanent resident status once requirements are met. EB-5 visa is an immigrant visa which requires an investment. Upon the investment you receive a 2 year conditional green card. The requirements for each visa differ. There are advantages in each visa. It is best to contact an immigration attorney to discuss which visa is best for you.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    The main difference between the L-1 visa and the EB-5 is that the L-1 visa is a non-immigrant visa and the EB-5 leads to conditional residency. Also, the L-1 visa does not have an investment requirement as the EB-5, which requires an investment of either $500,000.00 or $1 million depending on where the commercial enterprise is located. Another difference is that for the EB-5, the investor has to create 10 direct full time jobs and for the L-1 visa usually 5-6 employees is enough. I will be happy to discuss this further with you.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    In general terms, L-1 visa is a nonimmigrant visa allowing a foreign-based entity to open a new office in the U.S. and either transfer a multinational executive or manager (L-1A) or specialized knowledge personnel (L-1B) to its office in the U.S. It leads to a permanent resident status in the U.S.; however, I-140 petition is required and if approved an 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 permanent resident of the U.S. (if abroad upon I-140 approval). 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 more in-depth discussion of your specific situation and what type of visa may be best for you.

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    Lei Jiang

    Immigration Attorney
    Answered on

    EB-5 visa is an immigration visa, while L-1 visa is a non-immigration visa but it allows dual intent.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    EB-5 Visa requires that you have a minimum investment and run the company in the USA. Upon your investment you get a two year provisional green card. The L1A/B visa is available for companies that wish to expand operations into the United States by opening an affiliate, branch or subsidiary office

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    L-1 is an employment non-immigrant visa (which does allow you to apply for a Legal Permanent Residency(LPR) status if you complete all required conditions with time). EB-5 is an investor immigrant visa (which allows you to RECEIVE LPR status upon approval of your EB-5 visa. Also, with L-1, you do not need to provide any capital investment, but an employer-sponsor is required. With EB-5, you must invest a $1,000,000 or $500,000 (in some cases). You should consult an experienced immigration attorney in making your selection.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    The L-1 is a temporary non-immigrant visa designed to provide multi-national companies with a visa option to transfer executives, managers and specialized knowledge personnel to U.S. affiliated company. Those who enter in L-1 status may also pursue a parallel track to obtain legal permanent resident status, qualifying managers and executives in particular may pursue permanent resident status under the EB-1 category. The EB-5 refers to an immigrant visa that will provide foreign nationals with legal permanent resident status in the U.S. who meet the investment and job creation requirements. Which option you choose depends on many different factors including whether or not you will have operations ongoing in and out of the U.S. You should discuss the specifics with immigration counsel.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    An L-1 is a non-immigrant visa, while the EB-5 program will allow you to receive permanent resident status in the U.S.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    There are lots of differences. The EB-5 is a direct application for a 2 year green card and two years later you show you have invested the full amount of money ($1 million or $500,000) and created 10 new jobs (direct if into your own business or direct + indirect if into an established Regional Center). The L-1 is a non-immigrant visa and if you are opening a new office, is good for one year. You must have an office overseas which is continuing to operate. After one year if your U.S. office is successful, the U.S. company can turnaround and sponsor you for a green card under EB-1-3. Both have advantages and disadvantages but generally there are less restrictions and more benefits if you can qualify to go the L-1A/multinational manager executive EB-1-3 route. I would suggest you call for a consult to discuss the details of your situation and we can help you figure out what is best for your situation.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    An L-1A visa is a non immigrant visa that gives the individual status to develop and direct a business which is a subsidiary of a foreign company. Since it is a non immigration visa, it is temporary. An EB-5 visa grants legal permanent residence to an individual investor who invests in an enterprise that sustains 10 jobs for two years. Some individuals will want to opt for an L-1A visa to remain in status in the United States while they wait for their green card under the EB-5 visa. We have processed these visas for investors successfully in the past. We are available if you need assistance with these types of visas or would like more information.

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    Natalia Polukhtin

    Immigration Attorney
    Answered on

    The major difference is that L1 visa is NON-IMMIGRANT type of visas. It means, you can operate in this status as long as you meet formal requirements for this visa, but you are not considered to be a resident of the US. On the contrary, EB-5 is an employment-based immigrant category that creates a permanent resident status for the holder that can subsequently lead to citizenship.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    EB-5 visa is an immigrant visa, which is called a green card that makes you a permanent resident of the United States. L-1 visa is non-immigrant visa for an executive or a key person with specialty knowledge to work for a company for a 1-5 year period. When the period expires, you must go back to your home country unless the visa is extended. There is no permanent residency attached to your stay.

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    Mark Kowalewski

    Immigration Attorney
    Answered on

    The successful completion of an application for an EB-5 visa results in first, "conditional" permanent residency for a two-year period, and then permanent residence. Whereas an L-1 is a temporary visa with either a five-year or seven-year limitation. Though, depending on your circumstances, the L-1 visa is often a springboard leading to permanent residence for those who can establish that they are a "multi-national" executive.

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    Bill Travis Klein

    Immigration Attorney
    Answered on

    To keep it simple, the most basic difference is EB-5 leads to a green card and L-1 does not. L-1 is non-immigrant visa for inter-company tranfer from an existing overseas company. It is well worth your while to consult with an Immigration Attorney when considering your Immigration Goals (green card or not) and the type of business in the U.S.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There are many differences between EB-5 and L-1. The major difference is that EB-5 is an Immigrant Visa, whereas the L-1 is a non immigrant visa. Which means, under the EB-5 you would be granted permanent residence (greencard), and not a temporary status which would be the case for L-1. As far as difference in the authorized business activities of the 2 categories of visas, EB-5 category is used for those wishing to invest in a business in the U.S., whereas the L-1 is used to transfer employees from companies with presences both in U.S. and abroad. As far as which would be the better category to process through, that would depend on your business needs and goals in the U.S.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    L-1 is temporary while EB-5 is permanent. If you qualify for L-1 it will be much faster and give you the ability to work here. It also has another path for permanent residence or green card other than EB-5.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    L-1 is a company transfer work permit and EB-5 is a green card, one takes about 2 months to process, the other at least 1 year to obtain conditional status.

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