In order to get an EB-5 green card through investment, the investor has to create at least 10 full-time jobs. A client wanted to invest in a restaurant where several employees would share some positions. Does that qualify?
To be considered a full-time job, it requires 35 hours a week. Where two or more employees share a full-time position it counts as one-full time job if they combine at least 35 hours per week. To demonstrate a full-time position is shared by more than one employees, the investor may should a written job-sharing agreement, we weekly schedule or evidence of the sharing of the responsibilities or benefits of a permanent full time position. However, two part-time jobs do not count.
Please note that this article does not constitute a legal advice. We simplified the law to outline only one aspect of the EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.
More and more gifted athletes are being recruited from all over the world to play professionally sports like basketball, football, soccer and baseball in the U.S. In addition, thanks to state-of-the-art training facilities like the one in Colorado Springs, Colorado, more and more athletes are coming to the U.S. to train for events like the Olympics, the World Cup and international bicycle racing. Many of these athletes, professional and amateur alike, often want to establish permanent residency in the United States.
An EB-1 visa is for foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics seeking to establish permanent residency in the United States. To obtain an EB-1 visa, the foreign athlete must be able to demonstrate extraordinary ability in athletics, seek to enter the U.S. to continue in the same field and show that his or her entry will substantially benefit the U.S. The athlete must demonstrate “sustained or international acclaim” and that his or her achievements have been recognized in his or her field.
An example of a foreign professional athlete who has been awarded EB-1 visa and green card is professional golfer Nick Price, a native of Zimbabwe. He has 18 PGA tour wins (3 majors), a former #1 world ranking to his credit and was inducted into the World Golf Hall of Fame.
Another example of a foreign athlete who received EB-1 visa and green card is Robert Cheseret, a Kenyan-born long-distance runner who won the men’s title for the U.S. at the 2011 NACAC Cross Country Championships. Cheseret had a total of eight Pac-10 titles during his career – the most ever by a Pac-10 track and field athlete. Cheseret went on to capture the NCAA West Regional individual crown and was the Pac-10’s top finisher at the NCAA Championships with a tenth-place finish.
The athlete must either show a one-time achievement such as a major internationally recognized award or evidence of three of the ten categories. There are several major advantages for foreign athletes applying for the EB-1 visa. Athletes do not need to obtain labor certification or provide proof of a job offer. Consequently, this method is usually faster way to obtain a green card than applying for EB-2 or EB-3 immigration visa. The foreign athlete must show that (s)he meets all requirements of EB-1 extraordinary ability visa. While some athletes may be able to obtain EB-1 extraordinary ability visa without a lawyer, in order to obtain an approval, it’s advisable to hire an experienced EB-1 extraordinary ability visa attorney. Please call 480-425-2009 today or send us an email and we will help you obtain your EB-1 extraordinary ability visa (green card).