H-1B, L-1A and E-2 Visas and Green Card through the EB-5 program
Problem:
Irina is determined to obtain a Green Card and work in the United States. She is presently finishing college and seeks to work in the United States after graduation. Her relatives are discussing the possibility of opening a subsidiary of their existing company abroad, where Irina previously worked as a manager. They want to explore all options available to her. Having analyzed the situation, I recommended Irina to consider applying for H-1B, L-1A and E-2 visas or obtaining a Green Card through the EB-5 program.
Solution:
In my opinion, if Irina’s primary goal is to obtain a Green Card, then she should consider looking into the EB-5 program (with an investment in a Regional Center project), as that is the most convenient method for obtaining a Green Card in her case, although it does require a hefty investment that can be partially lost.
On the other hand, if Irina’s primary goal is to have relatively simple and long term access to the United States with the ability to operate her own business, the E-2 visa can be an ideal fit for her. This path does not require large investments and general expenses that are associated with the process (including legal fees) are relatively low in comparison to other visas or the EB-5 program.
The H-1B visa may also suit Irina, but only after she graduates from her college or decides to abandon her studies and focus on obtaining practical experience. The difficulty lies in the fact that Irina would be required to find an employer who would not only be willing to offer her a job, but also agree to pay her a prevailing wage in New York (or the state where she will work) for her type of occupation. Finally, the last drawback of this visa is that the path for obtaining a Green Card in the future is not that simple, since her employer will ultimately need to prove that she is an irreplaceable employee.
The L-1 visa in my opinion is the least suitable option for Irina. It will unlikely achieve her goals and the process for obtaining and extending this visa will require considerable expenditures. However, if Irina’s foreign employer would consider making an investment into the purchase of an active business in the United States that has a substantial amount of employees, allowing her to be classified as a manager or executive, then perhaps she should consider the option of applying for this visa as well.