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The EB-5 Reform and Integrity Act of 2022 brought many changes to the EB-5 program. For the latest information, please click here.
Klasko Immigration Law Partners LLP attorneys are particularly skilled investment immigration lawyers, and are committed to the success of entrepreneurial clients who wish to live and pursue their unique work in the United States.
We help our entrepreneurial clients obtain a variety of visas, including:
- H-1B: A dual intent visa allowing employers to petition for educated professionals to work in “specialty occupations,” often in STEM fields. For entrepreneurs, some restructuring of their company may be necessary for eligibility.
- E-2: An investor visa that permits individuals, and their families, to live and work in the U.S. based on the “substantial” investments into a U.S. business. This visa is only available to citizens of treaty countries, so for some, a third-country citizenship may be needed.
- L-1: L-1 nonimmigrant visas allow immigrants to enter the U.S. and work for a company after working abroad for at least a year.
- EB-5: Permits foreign national investors to earn a green card by investing in a U.S. business that creates at least 10 American jobs.
To compare these four visa options for entrepreneurs, view the infographic below:
| H-1B | E-2 | L-1 | EB-5 | |
|---|---|---|---|---|
| AMOUNT OF INVESTMENT | N/A | Any amount, but usually over $100,000 | N/A | $800,000 if in TEA, otherwise, $1,050,000 |
| MUST CREATE JOBS? | None required; better if some | Can be a small number | Can be a small number | 10 |
| ENTREPRENEUR’S EMPLOYMENT | Specialty occupation | Manager or essential skills, unless investor | Manager or specialized knowledge | Limited partner, member of LLC or equity owner |
| TIMING | Can be < 15 business days if premium processing reinstated | 1-2 months or more | Can be < 15 business days with premium processing | 2 years or more |
| PROCEDURE | CIS – can be change of status | Can go direct to consul | CIS 1st, unless blanket | CIS (with concurrent AOS, if applicable), otherwise, consul or AOS |
| CAN YOUR SPOUSE WORK? | Only if H-1B has long-pending green card process; EAD required | Yes | Yes | Once EAD is received (around 4 months after I-485 filed) |
| PERMANENT RESIDENCE | No direct path | Can be EB-1 after 1 year | Can be EB-1 after 1year | Concurrent filing if in U.S. in lawful status and PD current. Otherwise, file after I-526 approved |
| CAN FAMILY ATTEND SCHOOL? | Yes | Yes | Yes | Once AOS is filed or CPR is approved. |
| EMPLOYMENT AUTHORIZATION | Prior H-1B – immediate; New H-1B – October 1 | Immediate | Immediate | 4 months after I-485 filed or when enter as CPR |
| EXPEDITE | Premium process | Depends on consul or premium process | Premium process | No (with limited exceptions) |
| REVELANCE OF COUNTRY | Not relevant | Only Treaty country | Not relevant | Sourcing and tracing of funds issue and priority date |
| NECESSITY OF OVERSEAS COMPANY | No | No | No | No |
| PRIOR EMPLOYMENT OVERSEAS REQUIRED? | No | No | Yes, 1 year | No |
| INITIAL LENGTH OF VISA | 3 years | Up to 5 years | 1 year start-up | 2 year conditional permanent residence, then once I-829 approved, permanent residence |
| MAXIMUM PERIOD | 6 years | Unlimited extensions available | 5 or 7 years | Permanent |
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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