EB-5投资移民美国 和 L1跨国企业家移民美国，虽然这两种签证类型毫无关联，但是对于国人来讲，本质都是花钱买绿卡，所以有很大相关性。那么，现在EB-5排期来了，没有排期但是规则模糊不清的L1签证，是否会再度重回国人视线？对于想移民美国的外国人来说，有两种方式非常受欢迎。一种是L1-A，一种是EB-5。这篇文章就来谈一谈两者之间的关键区别及各自优势。
L-1类签证可让美国雇主从在美国境外的公司，短期调任具有执行或管理能力的职员到美国公司来工作（L1-A）， 或调任有特殊技能的职员（L1-B，不在本文讨论之列）。这类签证也能让一个在美国没有分公司的企业，输送经营管理人员，或者有特殊技能的员工来美国，目的是在美国建立一个分支公司。L-1A申请人的雇主填写I-129表格。如果公司刚成立，L1申请人首次可申请到1年的签证； 如果公司已在运营，L1申请人首次可申请到3年的签证。每次续签一般可获2年延期，最多7年。
|商业计划||必须遵守以下Matter of Ho法案，并包括如下信息：||尽管没有明确的要求，但是商业计划书必须清楚的呈现在美国发展业务的理由。还要证明美国的实体公司和海外公司的关系、受益人的经管职位角色、并列明就业创造细节，包括清晰的架构信息和组织结构图等。|
Comparing the EB-5 and L-1 Visas
Foreign nationals looking to immigrate to the U.S. may consider two particularly popular visa options: the L-1A and EB-5. This article will delineate the key differences and advantages that each visa has to offer.
The EB-5 Immigrant Investor Program offers foreign investors the opportunity to become permanent residents in the U.S.. The basic requirements to obtain an EB-5 Visa are that an investor must invest $1,000,000 (or $500,000 in a Targeted Employment Area) in a new commercial enterprise and create at least 10 full-time jobs in two years. The investor can do this through a USCIS-approved Regional Center. To obtain an EB-5 visa, the petitioner must file an I-526 form, which provides conditional permanent residence to the investor, his/her spouse, and children under 21. If the investor can demonstrate the creation of 10 jobs within 2 years of an approved I-526 application, the investor can then file a Form I-829 condition removal petition.
The L-1 visa classification enables a U.S. employer to temporarily transfer a worker in an executive or managerial capacity (L1-A visa) or a worker with specialized knowledge (L1-B visa – which will not be the focus of this article) from an affiliated foreign office to one of its offices in the U.S. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive, manager, or employee with specialized knowledge to the U.S. with the purpose of establishing one. The L-1A visa petition, Form I-129, is filed by the employer. The initial term of residence for an L-1A applicant is one (if a start-up/new office) or 3 years (if an existing business), which can be renewed in 2-year increments for up to 7 years.
Green Card Obtainability:
The most important difference between the two categories concerns the obtainability of a Green Card, and, hence, permanent residence in the U.S.. As discussed above, the EB-5 visa offers (conditional) permanent residency immediately upon approval of an I-526 application, and unconditional permanent residence after two years if the aforementioned job-creation requirements have been met. As a result, it is considered an “immigrant visa.”
By contrast, the L-1A-category is not an immigrant visa, and allows for a temporary residence of up to 5 or 7 years, assuming the maximum amount of visa renewals have been granted. If the L-1 employee fails to develop the business according to L-1 regulations, the visa renewal will be denied.
However, an L-1 visa can indirectly lead to permanent residence. The petitioning employee may request a Green Card by filing an I-485 petition. In fact, the L-1 visa holder is allowed to have immigrant intent, and this will not endanger the approval of the visa by USCIS or the consulate. For this reason, the L-1 visa is sometimes referred to as a “dual-intent visa.”
The second major distinction between the two visas concerns who can apply. The EB-5 eligibility requirements are minimal concerning the investor him or herself. Any foreigner can apply, assuming they have made an investment of at least $500,000 in a valid commercial enterprise.
By contrast, there are several eligibility requirements concerning both the employer and the employee seeking an L-1 visa. Regarding the employer, the new U.S. office must have a corporate relationship with a foreign entity abroad. This means that the new U.S. office must be a parent, affiliate, subsidiary or branch of the foreign entity, and that both the U.S. office and the foreign entity must continue to share common ownership and control. In addition, the U.S. and foreign offices must be doing business for the duration of the beneficiary’s stay in the United States as an L-1. Regarding the employee, he or she must be an executive, manager, or provide services in a specialized knowledge capacity. In addition, the employee must have been working for the foreign entity, for one continuous year within the three years immediately preceding his or her admission to the United States.
Which Visa is Right for You?
Deciding between visas depends largely on whether the petitioner is working for a foreign company. A person wishing to come to the U.S. who does not work for a foreign entity will not be able to apply for the L-1A visa, since it requires the beneficiary to be an executive, manager, or a person with specialized knowledge who has worked for the foreign entity for at least one year in the last three years prior to petitioning. If the beneficiary seeks permanent residence in the U.S., he or she can submit an I-485 petition.
Petitioners who do not work for a foreign company and have $500,000 to invest should consider the EB-5 visa option because it provides a direct route to a Green Card. Each petitioner must carefully select the right visa category with the help of a trusted immigration attorney.
The chart, below, conveniently summarizes these important distinctions:
|Green Card obtainability||Direct and guaranteed:assuming requirements are met, the EB-5 visa establishes conditional residency for 2 years, after which petitioner can receive permanent residency pending a successful I-829 petition||Non-immigrant Visa: the L-1 visa is a temporary , non-immigrant visa, but successful petitioners can submit an I-129 petition to request permanent residence|
|Who can apply||Any foreign investor meeting aforementioned investment requirements||An Intracompany transferee· L1-A: Petitioner must have been employed in an executive or managerial capacity at an affiliated overseas office continuously for at least 1 of the past 3 years.|
|Investment requirement||$500,000 in Targeted Employment Areas, or $1,000,000 elsewhere||None|
|Job creation requirement||10||No specific requirement|
|Duration||Conditional residency for 2 years; permanent residency thereafter following successful I-829 petition||· L1-A: Initial one- or 3-year term, which can be renewed in 2-year increments for up to 7 years|
|Family Members||Spouse and unmarried children under 21 will be granted same residency status as petitioner.||Spouse and unmarried children under 21 will be issued L-2 dependent visas.|
|Business Plan||Must comply with||Although there are no|