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Recently we have published articles discussing the potential of using EB-1C and E-2 visas to expedite investor immigration into the U.S. Both avenues have the advantage of shorter processing times and significantly less up-front investment.

This article provides a comparison of the EB-1C and E-2 visa programs to help our clients and readers understand which approach may be the best for them and their families.

Review

Visa Description Permanent Resident Status
EB-1C Multinational Manager Immigrant Visa
E-2 Treaty Investor May apply for permanent residence

Benefits

Benefit EB-1C E-2
Faster than EB-5 Yes Yes
Green Card Yes No
Family Green Cards Yes No
Desires Dual Citizenship Yes No
Investment Required1 No Yes
Active Management Yes No
Passive Management No Yes
Startup a New Business No Yes2
Invest in a Single Franchise No Yes
Invest in Multiple Franchises Yes Yes
Taxation on Global Income Yes No
Dealing with USCIS Yes No
Need for Overseas Business Yes No

The following table offers a bit more insight into how these two visa’s compare.

Basics

Item EB-1C E-2
Speed of Processing 8 months 6 months, or 15 days Premium
Green Card Immigrant Visa Available Later3
Family Green Cards Available Immediately Available Later
Desires Dual Citizenship Better Granada Citizenship4
Investment Required5 $0 $200,0006 + $100,000 or more
Management of Business Actively Involved Develop & Direct
Startup a New Business After 1 year Immediately7
Invest in a Franchise Better for multiple franchises Easy
Taxation Worldwide income Limited8
Dealing with USCIS Yes No
Need for Overseas Business Yes No

This information is a very simple overview to help potential applicants determine which path, if either, might be preferable to pursue. Please understand that each path is complicated and detailed and should not be pursued without expert legal advice.

1 This amount does not include processing expenses.
2 May require a minimum number of employees
3 Involves applying for another visa type
4 Or other applicable country, such as Nevis, St. Kitts, Costa Rica, and other Caribbean nations
5 This amount does not include processing expenses.
6 This amount is a gratuitous contribution to the Granada Island Transformation Fund
7 May require a minimum number of employees
8 Dependent upon the amount of time spent in the U.S.

The EB-5 investment visa has been plagued by long processing times and uncertainties for Chinese investors – especially those who wish to come to the USA in a shorter time. One of the better alternatives available is the EB-1C immigrant visa program for Multinational Managers.

Quicker Access via the EB-1C Visa Program

The processing time for EB-1C visas is typically much shorter than several years than for an EB-5 application to be approved. Cases are processed in the order they are received. Although times may vary, it is reasonable to expect that most cases can be handled within eight months – far better than for EB-5.

Qualifications for the EB-1C Visa Program

Of the U.S. employment-based, preferential visas available for foreign nationals, the EB-1C is specifically designed to expedite the transfer of executive and high-level managerial staff employees to a company’s U.S. facilities and to permit those persons and their families to enter the United States as permanent residents. The specific purpose of the EB-1C visa is to promote international commerce by expediting the immigration of current high-level employees to the U.S. to enhance a company’s operations here. Unlike most visas, where individuals are the applicants, the company is the applicant for EB-1Cs.

The USCIS has established simple, but separate, eligibility guidelines for the applicant company and the employee. Since the company must already be operating internationally and in the U.S., the U.S. entity is the petitioner or applicant. The immigrant must have a position in which he or she manages an essential function of the business. Mid-level managers or first-line supervisors do not qualify.

  • The Applicant (the company)
    • The company must have been operating continuously within the U.S. for a minimum of one year before the application.
    • The company must have a similarly continuously operating business in at least one other country.
    • The company must be related to a qualifying entity outside of the U.S. wherein there is both common ownership and control. Qualifying entities include:
      • Branch: a division of the company in a location distant from the main offices.
      • Subsidiary: a separate company that is owned in part or whole by another entity that controls its operations.
      • Parent: a company that has subsidiaries.
      • Affiliate: generally speaking, divisions or branches of a company that regularly conduct business with each other.
  • The Immigrant
    • The transferee must have been employed continuously by the related foreign entity at an executive level for a minimum of one year during the three years preceding the filing of the application.
    • The transferee must be reasonably qualified to successfully perform the responsibilities to which he or she will be assigned. That position must include responsibility for policy making, corporate level decision making and oversight of other management-level employees.
    • The transferee should have exposure to and experience with dealing with U.S. businesses.

Benefits of the EB-1C Visa

  • No investment required.
  • A direct path to permanent immigration.
  • Immediate family access to permanent immigration. (Immediate family includes spouse and unmarried children under 21 years of age.
    • If they reside in the United States with valid nonimmigrant statuses such as L, H or F visa, they can file adjustment of status applications with USCIS and obtain immigration benefits such as employment authorization and travel documents.
    • If they reside outside the United States, the whole family, including the immigrant, spouse, and unmarried children under 21 years old, may start the consular process application to obtain green cards once the EB-1C petition is approved.

While this process is much more expedient than EB-5, it is also much more complicated. The information here is a summary. Every step includes understanding technical and timing details that require the expertise of qualified immigration attorneys.

If you have questions, we have answers. Contact us. We are here to help you.

Should You Consider an L-1A Visa Instead of an EB-5 Visa?

Friday, 16 September 2016 07:20

USA Immigration Assistance

USA Immigration Assistance
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