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FAQ's

Is it true that a person can obtain a green card under employment based 5th preference (million dollar investor) where an E-2 Treaty Investor does not get a green card?

 

No, it is not true.  One advantage for an EB 5th Preference is that a visa is always available for the foreign national to immigrate to the U.S. and upon entering the U.S., he/she and family members will obtain a green card.  Getting a green card for an E treaty Trader or Investor is also possible, but requires the assistance of an experienced attorney in this area of law.  The structure of the company and the application must be filed in such a manner that shows the foreign national be qualified as a multinational executive, and thus the person later on would be able to file under employment-based 1st Preference, Subcategory “C.”  Therefore, it is not true that only a “1 Million Dollars” investor gets a green card where an E-2 Treaty Investor does not.  It all depends on the set up of the organization, and the skills and creativity of the attorney filing for the foreign national.

 

Contact the Immigration Lawyers at Smith & Garg today for more on employment based 5th preference (million dollar investment).