The Types of Visas Used to Come to America and Why Billionaires Are Desperate to Preserve Some of Them

Several types of visas are used to get into America. Some are short-term, and others grant permanent status to the visa holder.

EB-5 Visas

This visa, created by Congress in 1990, allows rich people to buy their way into the country. You can invest $1,050,000 or $800,000 in a targeted industry that creates at least ten jobs.

All EB-5 investors must invest in a new commercial enterprise that was established:

• After Nov. 29, 1990; or
• On or before Nov. 29, 1990, that was:
• Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
• Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

A new commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:

• A sole proprietorship;
• Partnership (whether limited or general);
• Holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business);
• Joint venture;
• Corporation;
• Business trust;
• Limited liability company or
• Other entity, which may be publicly or privately owned.

A disproportionate number of Chinese immigrants and their families have taken advantage of the EB-5 program.

E1 and E2 Visas

The E-1 is a short-term visa for traders, and the E-2 is for investors from specific nations with trade treaties with the United States. Some countries have access to both E-1 and E-2 Visas. Of note is that almost none of the countries are what Donald Trump referred to as “shithole countries.” No Haiti and practically no African countries.

EB 1–5 Visas

These Employment-Based Visas typically require proof of employment or a job offer from a US company. The employees must possess unique skills, and the EB-5 requires a demonstrated history of making money.
1. EB-1 Visa: This is the most sought-after visa reserved for “priority workers.” These include company executives or managers, individuals with extraordinary ability in the sciences, arts, education, business, or athletics, and professors and researchers. The so-called Einstein Visa isn’t just for geniuses; it can apply to struggling models with the proper backing. Melania Trump got an Einstein Visa in 2001 with few credentials except dating Donald Trump. She had been working illegally in the US under several tourist Visas but wasn’t deported. She became a citizen in 2006 and immediately sponsored her parents.

2. EB-2 Visa: This visa is for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business who will be employed in a position that requires such skills and knowledge.
3. EB-3 Visa: This visa is for skilled workers with at least two years of experience or training, professionals who have a baccalaureate degree, or other workers who can demonstrate that their employment will benefit the U.S. economy.
4. EB-4 Visa: This visa is for special immigrants such as religious workers, broadcasters, international organization employees, physicians, armed forces members, and certain other exceptional individuals.
5. EB-5 Visa: This visa is for those who are proficient in acquiring capital through either a business venture or investment in the United States that will benefit the U.S. economy by creating jobs for other Americans.

F-1 or M-1 Student Visas

These visas are for full-time students working toward a degree or getting technical training. You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

• You must be enrolled in an “academic” educational program, a language-training program, or a vocational program
• Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
• You must be enrolled as a full-time student at the institution
• You must be proficient in English or be enrolled in courses leading to English proficiency
• You must have sufficient funds available for self-support during the entire proposed course of study
• You must maintain a residence abroad which you have no intention of giving up.

K-1–4 Visas

The K-1 Visa is for the foreign-born fiancee of an American citizen with the promise they will marry within 90 days. K-2 Visa applies to unmarried dependent children of K-1 Visa holders. K-3 Visas are for spouses of American citizens, and K-4 Visas can extend to step-children created by the marriage of a K-3 spouse. These categories are the ones who receive Green Cards via marriage and where most enforcement is targeted. Certainly not on the people who paid big bucks to get in.

O-1 Visas

These Visas are for very smart people, good athletes, or celebrities like movie stars or entertainers. There are a few types listed below:

The O nonimmigrant classifications are commonly referred to as:

• O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures, or television industry);
• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry;
• O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance and
• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

H-1B Visas

The H1-B Visa has been in the news recently. Seemingly at odds with the Trump campaign promises to kick out immigrants. Billionaires like Elon Musk and Vivek Ramaswamy are fighting in support of these Visas and the specialty workers they apply to. These Visas can be issued for up to six years, though extensions can be granted under special circumstances. While Musk and Ramaswamy were talking about the thousands of tech workers, primarily from India and China, needed to run their operations. Donald Trump said he employs many H1-B workers yearly at Mar-a-Lago and other resorts.

“I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program.” — Donald Trump

While Trump does employ hundreds of immigrants, foregoing his “America First policy, ” most entered the country under the H2B program for temporary nonagricultural workers. Each year, Trump’s properties make hundreds of requests that are routinely accepted. In 2023, Mar-a-Lago hired 136 H2B workers, most of whom looked very much like those he wanted to block at the Southern border.

Mar-A-Lago Sought 380 Foreign Workers While Trump Had Access To Classified Docs

H2B Visas

H2B Visas are granted for up to a year. To be eligible for reentry, recipients must leave the United States for at least three consecutive months. The H-2B visa program began in 1943 to import Jamaicans to cut sugar cane in the United States, a job domestic workers didn’t want to do. Mar-a-Lago is in Palm Beach County, where 38 high-end clubs, resorts, and hotels employed 2,531 foreign workers in 2021, a steadily increasing number.

H2A Visas

Employers hire employees who cannot freely change jobs without approval. Recently, there has been discussion about H1B workers being akin to indentured servants. The true indentured servants are in the H2B and H2A (agricultural workers) programs. Employers may have them at their mercy, providing free housing, often substandard. In North Carolina, the current state standards include no provision for doors and windows, 75 ft3 per person or 27 people per refrigerator, one wash tub per 30 people with hot and cold water, and facilities for drying clothes; there are no sanitary requirements for mattresses provided, 1 toilet/15 people or 1 urinal/25 men, and 1 shower per 10 people with no privacy stalls. If the employer provides meals, they can have meals deducted from their wages. The employer often provides transportation from housing to work. A recent bus crash in Ocala, FL, saw eight migrant workers killed and dozens wounded.

America’s immigration program cannot easily be summed up. What can be said is that we generally favor immigrants from Europe and skilled positions from specific countries. America didn’t need to change its policies to exclude “shithole countries.” We already had that covered. We can be sure that the millions of people Trump says he’ll deport won’t include those needed by billionaires to fuel their profits. Don’t look for Einstein Visas to be reduced because there’s always a need for struggling models. There are Visas specifically designed to protect victims of sex trafficking. I submit that some of those geniuses are being trafficked themselves. Jeffrey Epstein routinely got Visas for young girls to visit the US Virgin Islands and his private island. Is it unreasonable to think Visas weren’t used to facilitate sex trafficking and prostitution on the mainland? Some “models” ended up taking posing nude (Melania). Russian porn actress Eva Alfi got her green card because of her talent.

America’s immigration system needs a complete overhaul, but not for the reasons people imagine. It already favors the rich, who can buy their way in, and provides little protection for the poor. Elon Musk and Vivek Ramaswamy were highly specific as to who they wanted to be protected. Donald Trump wasn’t willing to upset his Palm Coast neighbors or make it harder to meet the needs of his resorts. The deportations are supposed to begin on January 20, 2025. The misery index for immigrants or people who may look like immigrants is about to rise. That won’t apply to billionaires already having their needs met by the system.

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This post was previously published on MEDIUM.COM.

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