Amount of investment | Any amount, but usually over $200,000 | Any amount | $800,000 or $1,050,000 | $800,000 or $1,050,000 |
Must Create Jobs? | Can be small number | Usually multiple levels of employees required overseas and in U.S. for extension after 1st year | 10 direct or indirect jobs | 10 direct jobs |
Investor's Employment | Manage the business or develop and direct | Manager of the business | Limited partner or member of LLC | Equity; engaged in business |
Timing | Usually 1-3 months | Can be < 15 business days with premium processing | > 2 years | > 2 years |
Procedure | Can go direct to consul | USCIS approval required | USCIS approval, then consul or I-485 | USCIS approval, then consul or I-485 |
Can your spouse work? | Yes | Yes | When conditional residence approved | When conditional residence approved |
Permanent Residence | Can be EB-1 after 1 year of active business | Can be EB-1 after 1 year of active business | File after I-526 approved | File after I-526 approved |
Can family/investor attend school? | Yes | Yes | When conditional resident | When conditional resident |
Employment authorization | Immediate | Immediate | 3 months after I-485 or when enter as CPR | 3 months after I-485 or when enter as CPR |
Can investment be a gift? | Yes, but must be investor's money | Yes | Yes | Yes |
Can investment funds be a loan? | Enterprise cannot be collateral | Yes | Enterprise cannot be collateral | Enterprise cannot be collateral |
Expedite | Depends on consul | Premium Processing Available | No | No |
Relevance of country | Only Treaty country | Not relevant | Source and tracing of funds issue | Source and tracing of funds issue |
Necessity of overseas company | No | Yes | No | No |
Buying existing company | OK | OK | No | Must add 10 jobs |
Geographical area | Any | Any | Rural/high unemployment for $800,000 | Rural/high unemployment for $800,000 |
Prior employment overseas required? | No | Yes, 1 year as manager | No | No |
Initial length of visa | Up to 5 years | 1 year start-up | 2 year conditional permanent residence, then permanent residence | 2 year conditional permanent residence, then permanent residence |
Maximum period | Unlimited extensions available | 7 years | Permanent | Permanent |