Q and EB5 Immigrant Investor Visas Compared
By: Tim Kennedy | Posted: 23rd June 2010
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 Q Visa is described by the government's website as being a visa for foreign residents who "are seeking to participate in an international cultural exchange program. The Q nonimmigrant exchange program is for the purpose of providing practical training and employment, and to share the history, culture, and traditions of your home country with the United States." In this article we will take a closer look at the Q and Eb5 Green Card visas to see how their paths to a Green Card Visa compare and contrast.
Q Cultural ExchangeVisa - As per the government's website:
There are two nonimmigrant visa categories for persons who want to participate in Exchange Visitor programs in the United States. The J nonimmigrant visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs. The Q nonimmigrant visa is for international cultural exchange programs designated by USCIS.
You may be eligible for a Q-1 nonimmigrant visa if you are seeking to participate in an international cultural exchange program. The Q nonimmigrant exchange program is for the purpose of providing practical training and employment, and to share the history, culture, and traditions of your home country with the United States.
Q Visa Eligibility Criteria: Only employers who administer cultural exchange programs are allowed to petition for Q non-immigrants. The purpose of the Q non-immigrant visa is to facilitate the sharing of international cultures. It is an employment oriented program, but an integral part of your duties must have a cultural element. You must be at least 18 years old and be able to communicate effectively about the cultural attributes of your country.
EB5 Visa - In stark contrast to the Q 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 Q and EB5 immigrant investor visa are very different in nature and offer disparate paths to a Green Card Visa. While the Q visa allows a foreign citizen to enter the country for the purposes of cultural exchange, the EB5 visa relies on an immigrant's investment to create new full-time jobs for the American workforce.About the Author
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Tags: time jobs, foreign investors, permanent residency, eligibility criteria, practical training, card visa, uscis, non immigrant visa