Fifth Preference: Immigrant Investors
A foreign national who invests one million dollars in a U.S. commercial enterprise with at least 10 full-time United States workers can obtain this type of employment-based visa. Additionally, if a foreign national invests at least 500 thousand dollars in targeted employment areas can also qualify for this visa. However, the investment must last for at least two years before the investor can obtain their visa, and passive investments do not qualify. Furthermore, the petitioner of the visa must actively participate in the management of the business, but no offer of employment or labor certification is required.
Self-Employment
In the case where a foreign national has established their own business in the United States, they do have the option of applying for an employment-based visa to work for their own business or stay in the U.S. for a longer period of time than allowed by a nonimmigrant visa. If the individual fulfills the requirement for an immigrant investor, they may be able to obtain a visa under the fifth preference category. Additionally, if the foreign national is a multinational manager or executive transfer from a parent company or subsidiary abroad, they may also qualify for permanent residence based on their position in the company.
However, if the foreign national does not reach the requirements set by the fifth preference, and they are not a manager or executive of a parent company or subsidiary, the individual may find it difficult to receive an employment-based visa for their own company.