VWP and EB5 Immigrant Investor Visas Compared

VWP 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 VWP, or Visa Waiver Program is available to foreign nationals who wish to visit the United States for a period of ninety days or less without obtaining a visa. In this article we will take a closer look at the VWP and EB5 Green Card Visa to see how their paths to a Green Card Visa compare and contrast.

Visa Waiver Program (VWP) The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Nationals of VWP countries must meet eligibility requirements to travel without a visa on VWP, and therefore, some travelers from VWP countries are not eligible to use the program. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) prior to travel, are screened at the port of entry into the United States, and are enrolled in the Department of Homeland Security's US-VISIT program.

EB5 Immigrant Investor Visa In stark contrast to the VWP, 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 VWP and Eb5 Visa Program are very different in nature and offer disparate paths to a Green Card Visa. While the VWP allows a foreign citizen to temporarily enter the country without a visa, obtaining the EB5 visa relies on an immigrant's investment to create new full-time jobs for the American workforce.

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