EB5 Investors Magazine Volume 6, Issue 1 | Page 52

L-1 AS AN ALTERNATIVE TO PERPETUAL EB-5 RETROGRESSION The movement to EB-5 from nonimmigrant categories is tempered by a growing interest and movement of China-born investors away from EB-5. A popular alternative for some recent China EB-5 investors, who currently face a decade or more wait for an available visa number, is the L-1, the intracompany transferee in a managerial or executive position. Not all EB-5 investors will qualify as a manager or executive under the U.S. immigration laws, so care should be taken to properly screen for eligibility. MARKETING EB-5 TO UNIVERSITIES AND EMPLOYERS Subject to compliance with all U.S. securities laws and regulations, EB-5 marketers and developers may find willing audiences in the United States interested in EB-5 as an alternative to the non-immigrant visa categories listed above. Fertile ground for such efforts may be found in universities, where F-1 students graduating and beginning to navigate the OPT or H-1B arenas may be able to ask parents or relatives to fund their EB-5 case, allowing them to stay in the United States with permanent residency and not be tied to a particular employer. Another potential area could be the employers themselves. While on the one hand, employers with large numbers of H-1B workers might seem to not have any incentive to pass information to their workers about how to obtain permanent residency, with education from EB-5 developers and immigration attorneys, these employers may see this as a value-added employment benefit to their pool of eligible employees. It is incumbent upon the EB-5 stakeholder community to educate employers and other potential sources of EB-5 investors in a professional and accurate manner. FREDRICK W. VOIGTMANN Fredrick W. Voigtmann, a graduate of The Ohio State University and Capital University Law School, owns the Law Office of Fred Voigtmann, P.C. with offices in Woodland Hills and Arcadia, California. He is admitted to practice law in Ohio and California. Voigtmann’s practice offers legal services for investors, employers and regional centers, and he is a mentor and advisor to immigration attorneys. He has written articles on immigration and spoken on various employment-based immigration issues. Sources: 1 Visa application procedures and requirements, as well as processing times, vary from post to post. The best way to be sure you are following the right procedures is to check the website of the consular post where the application will be submitted for up to date E-2 visa application requirements. 51 EB5 INVESTORS M AGAZINE