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H-3 and EB5 Immigrant Investor Visa Compared

In this article we will take a closer look at the H3 visa and the EB5 Immigrant Investor Visa to see how their paths to a Green Card Visa compare and contrast.

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 H-3 Nonimmigrant Trainee visa is described by the government’s website as being “for individuals who been invited by an individual or organization for the purpose of receiving training in any field including, but not limited to, Commerce, Communications, Finance, Government, Transportation, Agriculture or other professions.” In this article we will take a closer look at the H-3 Non-Immigrant Trainee visa and the EB5 Green Card visas to see how the two compare and contrast.

H-3 Non-Immigrant Trainee Visa: As per the government’s website: This visa is described as“for individuals who been invited by an individual or organization for the purpose of receiving training in any field including, but not limited to, Commerce, Communications, Finance, Government, Transportation, Agriculture or other professions.”

You are not eligible for this classification if you are coming to the United States for graduate education or training. If you are coming to the United States for graduate education or training please refer to the J-1 and F-1 classifications. This classification is not intended for employment within the United States. It was designed to provide you with job related training for you to work in your home country.

This visa category is also available for someone who wishes to enter the United States in order to participate in a structured program that provides for practical training and experience in the education of children with physical, mental or emotional disabilities.  This is called the “special education” H-3 classification and has slightly different eligibility requirements.

Qualifications: In order to obtain H-3 classification, a U.S. employer or organization must provide:

1)     Detailed description of the structured training program in which you wish to pursue. The description should indicate the number of hours per week that you will be in classroom training and the number of hours per week that you will be involved in on-the-job training

2)     Summary of your prior training and experience

3)     Explanation of why your training is needed

4)     Explanation of why you can’t take the training in your home country

5)     Explanation of how the training will benefit you in pursuing your career in your home country

6)     Explanation of how your employer or organization will pay for the cost of providing you the training without actually employing you

Eligibility Criteria

In order to obtain H-3 classification, a U.S. employer or organization must provide:

1)       Detailed description of the structured training program in which you wish to pursue. The description should indicate the number of hours per week that you will be in classroom training and the number of hours per week that you will be involved in on-the-job training

2)       Summary of your prior training and experience

3)       Explanation of why your training is needed

4)       Explanation of why you can’t take the training in your home country

5)       Explanation of how the training will benefit you in pursuing your career in your home country

6)       Explanation of how your employer or organization will pay for the cost of providing you the training without actually employing you

“Special Education” H-3 Training Visa

In order to be eligible for the “special education” H-3 training visa, the U.S. employer or organization must submit a description of the training you will take as well as a description of the staff and facilities where you will be trained. The employer should also explain the details of your participation in the training.

In addition, the U.S. employer or organization must show that they are doing one of the following:

1)     Nearing the completion of a baccalaureate degree program in special education

2)     That you already have a baccalaureate degree in a special education program

3)     That you have experience in teaching children with physical, mental or emotional disabilities.

EB5 Immigrant Investor Visa – In stark contrast to the H-2B visa, lays the EB5 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 despite the H-2B and EB5 immigrant investor visas both relying on certain job based requirements…

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May 17, 2010 - Posted by | Finance | , , , , , , , ,

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