EB5 Visa or B-1 Visa: What’s the difference?

FinanceTrading / Investing

  • Author Terry Martin
  • Published September 15, 2010
  • Word count 515

When choosing which Green Card Visa is right for you, it is important to compare the different options. Many people come to the United States in search of business or investment opportunities. If you’re an investor, then the EB5 Visa may be right for you. On the other hand, if you’re an entrepreneur or amateur, then a B-1 Visa may fit your needs. Read on to find out more to compare these Visa programs.

EB-5 Immigrant Investor Visa

Created by the Immigration Act of 1990, the EB-5 Visa Program is specifically for foreign nationals looking to obtain a green card. The investment visa can enable you, your spouse and children under 21 to obtain permanent U.S. residency. Citizenship may be obtained after five years. These immigrants are required to invest at least $500,000 into a government designated Regional Center investment visa program in order to obtain such a visa, and this money must create at least ten jobs.

All Regional Centers are designated by the Government specifically for immigration purposes. A "Regional Center" is defined by an economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.

A Congressional mandate, issued in 1992, aimed to stimulate economic activity and job growth, allowing eligible aliens the opportunity to become lawful permanent residents. The immigrant receiving the visa is not required to actively participate or manage the business in which he or she invested.

For investors who wish to invest in a new or existing business, have an active role in the management of the operation and have at least one million US dollars to invest, then the traditional EB-5 visa is the best option.

B-1 Visitor Visa

On the other hand, a B-1 visitor visa is a type of nonimmigrant visa for persons desiring to enter the United States temporarily for business. This visa is issued to a foreign citizen seeking to enter the US for business purposes. Often, the B-1 Visa is combined with a B-2 visa, both which is valid for a temporary visitor for either business or pleasure or a combination of the two.

The Immigration and Nationality Act describes that an alien must prove that they intend to return home after visiting the United States. To do so, they must prove this to the consular officer when they apply for the visa and the immigration officers may grant the foreigner temporary access to the United States. Once refused, there is no judicial or other means to review a visa decision. The foreigner, however, is free to apply a visa again, particularly if circumstances have changed that might show to the Consular officer that the applicant overcomes the presumption of being an intending immigrant.

While in the United States for business, an alien has the permission to perform the following actions before returning home:

• Conduct negotiations and sign contracts

• Solicit sales or investment

• Discuss planned investment or purchases.

• Make investments or purchases

• Attend Meetings, and participate in them fully.

• Exhibit at a convention

• Interview and hire staff.

• Conduct research.

• Settle an estate

This article was written by Terry Martin. For information on earning a Green Card Visa through the Immigrant Investor Visa, also known as the EB5 Visa Program, he recommends you visit Eb5Central.com.

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