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Compare & Contrast EB-5 and EB-2 “Entrepreneurs”                            A Brief Overview or “Entrepreneur Cheat-Sheet”...
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EB-5 and EB-2 Entrepreneur Cheat-Sheet


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EB-5 and EB-2 Entrepreneur Cheat-Sheet

  1. 1. Compare & Contrast EB-5 and EB-2 “Entrepreneurs” A Brief Overview or “Entrepreneur Cheat-Sheet” EB-5 Entrepreneurs EB-2 Entrepreneurs Stand Alone Investor Regional Center With Permanent Through National Interest or Group of Affiliated Investor Labor Certification and Waiver (can also self- non-Regional Center Job Offer (can also self- petition alone or through Investors petition through own own qualifying business or qualifying business) by agent or U.S. employer)INA § 203(b)(5) Pub. L. 102-395 §610 INA § 203(b)(2) INA § 203(b)(2)[8 USC § 1153(b)(5)] [8 USC § 1153 Note] [8 USC § 1153 (b)(2)(A)] [8 USC § 1153 (b)(2)(B)(i)] as amendedFile I-526 Petition File I-526 Petition File I-140 Petition File I-140 PetitionProof of having already Regional Center supplied Evidence of eligibility as a Evidence of eligibility as acreated 10 direct full-time EB-5 compliant plans and Professional with an Professional with anpermanent jobs for qualified projections that call for 10 Advanced Degree or Advanced Degree oremployees or submit a direct or indirect full-time equivalent or of Exceptional equivalent or of ExceptionalMatter of Ho compliant jobs and previously vetted Ability(such as in Business) AbilityBusiness Plan transaction documentsPlan to invest minimum Plan to invest minimum Description of business Description of businessrequired amount of capital required amount of capital venture (can be same as for venture (can be same as forand lawful path and source and lawful path and source EB-5 or comparable EB-5 or comparable evidence)of funds documentary of funds documentary evidence)evidence evidence Here the Paths Diverge Greatly Between EB-5 and EB-2 Entrepreneurs Evidence of basic expected Evidence of basic expected substantial prospective substantial prospective benefit benefit to the National to the National Interest** Interest Approved Permanent Labor Evidence* in support of the Certification National Interest Waiver w/ Form ETA 750B, Statement of Qualifications of Alien (in duplicate) Potentially Receive an RFE or NOID and Respond to it Obtain Visa Classification Petition Approval Apply for and Obtain an Immigrant Visa or Adjustment of Status Here the Paths Diverge Greatly Between EB-5 and EB-2 EntrepreneursEnter on EB-5 Immigrant Visa or Obtain Adjustment and Enter on EB-2 Immigrant Visa or Obtain Adjustment andConditional 2 Year “Green Card” [Conditional Lawful Regular 10 Year “Green Card” [Lawful Permanent ResidentPermanent Resident (CPR) status] (LPR) status] Continue with or implement investment plans. End of Story—Best of LuckFile I-829 Petition to Lift Conditions By Entrepreneur * Specific criteria found in: Matter of New York State Dept.Submit Proof of Full Investment and 10 Qualifying Jobs of Transportation, 22 I&N Dec. 215 (Comm. 1998)Upon approval get new 10 Year “Green Card” or get (NYSDOT) [Adds: Intrinsic Merit & National in Scope to inTERMINATED, issued an NTA and see an IJ and plead the National Interest].your case, lose, and sue in Circuit Court.** One of these areas must benefit the National Interest: Economy, Education, Culture, or Welfare of the United States.e-mail: (Revised & posted on August 6, 2011.) Page 1