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EB-5 is not the only way an entrepreneur can get a visa

If you are planning to come to the United States to start a business, you are certainly frustrated by the complex and uncertain process of obtaining an investor visa through the EB-5 Immigrant Investor Program. You are ready to make a substantial investment in a U.S. project that will potentially employ dozens of people, but you cannot get your project off the ground because of the long delays in the EB-5 program.

Fortunately, there are alternatives that may provide you with a way to obtain a green card and get to work building your business. If you are anxious to begin your investment project, you may wish to explore other options.

Alternatives to EB-5

The delays associated with the EB-5 program stem from the fact that the annual quotas do not accommodate the popularity of the program. The government reserves a limited number of visas per country for immigrant investors, and that quota is quickly met.

The EB-5 program has other disadvantages, too, including the requirement for additional steps in the immigration process. After two years in the U.S., you must petition to have your conditional visa status adjusted to remove those conditions. If your business venture has not reached its full success in that amount of time, you may not obtain the removal of those conditions.

You may want to explore other visa programs, including:

  • EB-1A: If you have extraordinary ability in business, academics, the arts, athletics or other areas, you may qualify for this visa. The quotas for many countries do not fill as quickly as they do for the EB-5 program, so you may find it is a quicker way to get your green card.
  • EB-2 NIW: If you can prove to immigration officials that your investment project will be nationally significant in creating jobs, advancing technology, promoting health or education, or in some other way benefitting the U.S., you may qualify for a National Interest Waiver of many of the requirements for an EB-2 visa.
  • EB-1C: If you have worked for a company in your country for at least a year and have an offer to transfer to an affiliated business in the U.S. (such as a subsidiary or parent company) in a managerial position, you and your U.S. employer can apply for your visa through this program.

Based on your personal experience, qualifications, background and goals, there may be other options available for your efficient immigration to the U.S. so you can begin your business venture. A New York attorney who has experience in both immigration and international business can be a strong advocate for you.

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