F1 and EB5 Immigrant Investor Visas Compared

F1 and EB5 Immigrant Investor Visas Compared

The fifth preference employment based visa (EB5) was created in 1990 as a way for foreign investors to gain United States permanent residency (and eventual citizenship if desired), through an investment in a new or pre-existing American business that sees the creation of at least 10 new full-time jobs for American workers. The F-1Visa allows a foreign student to enter the United States for the purpose of continuing their studies. In this article we will take a closer look at the R-1 and Eb5 Green Card visas to see how their paths to a Green Card Visa compare and contrast.

F-1 Student Visa As per the government's website, the F-1 Visa (Academic Student) allows a foreign citizen to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. The foreign citizen must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and their school must be authorized by the U.S. government to accept international students.

You may enter in the F-1 visa category provided you meet the following criteria:

1) You must be enrolled in an "academic" educational program, a language-training program, or a vocational program

2) Your school must be approved by USCIS

3) You must be enrolled as a full-time student at the institution

4) You must be proficient in English or be enrolled in courses leading to English proficiency

5) You must have sufficient funds available for self-support during the entire proposed course of study

6) You must maintain a residence abroad which he/she has no intention of giving up.

EB5 Immigrant Investor Visa In stark contrast to the F-1 Visa, lays the Immigrant Investor Visa. According to the government's web page, to qualify for the EB5 Visa Program you must:

1) Invest or be in the process of investing at least $1,000,000. If your investment is in a designated targeted employment area (A Targeted Employment Area is defined by law as "a rural area or an area that has experienced high unemployment of at least 150 percent of the national average) then the minimum investment requirement is $500,000.

2) Benefit the U.S. economy by providing goods or services to U.S. markets.

3) Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters).

4) Be involved in the day-to-day management of the new business or directly manage it through formulating business policy for example as a Limited Partner, corporate officer or board member.

We see in this comparison that the F-1 and EB5 immigrant investor visa are very different in nature and offer disparate paths to a Green Card Visa. While the F-1 allows a foreign citizen to enter the country in order to continue their education in the American school system, the EB5 visa relies on an immigrant's investment to create new full-time jobs for the American workforce.

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