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Employment-Based Visas
About
An Employment-Based (EB) Visa allows workers specializing in specific positions to enter the United States.
Eligibility
EB-1A
Workers with extraordinary abilities
EB-1B
Outstanding Researchers/Professors
EB-1C
Managers/executives from multinational corporations
EB-2
Professionals/Workers with a US Job (or offer)
EB-3
Professionals, Skilled, or Unskilled workers
EB-4
Special Immigrants (SIVs) fall under many different categories:
– Broadcasters
– Translators
– Physicians
– Religious Workers
EB-5
Immigrant Investors ($500,000 minimum investment)
Application Process
Step One (EB-1, 2, 3, 4)
Your US-based employer will file a PWL with the US Department of Labor to find a sufficient wage for you, and a PERM Labor Certification*. If accepted, your employer will then submit Form I-140. Once the petition is approved, you must wait until a visa spot is open.
* EB-4 Religious Workers are not required to submit a PERM Labor Certification, but instead must submit evidence of the religious organization.
Step One (EB-5)
EB-5 applicants have a different set of procedures for applying. Applicants have two options for investment.
Rural Investment (TEA) - $500,000
Specifications
Applicants invest $500,000 into the US, but it must go into a state-designated Targeted Economic Area (TEA). These are rural/poor-urban communities in need of capital injection. The applicant must prove they will create a minimum of 10 jobs with this investment.
Normal Investment - $1,000,000
Specifications
Applicants invest $1,000,000 into the US, without the requirement of it going to a Targeted Economic Area (TEA). However, they still must prove that their investment will create a minimum of 10 jobs.
Once the applicant has decided on what to invest in, they put their investment into an escrow account and submit the accompanying Petition I-526, where the USCIS and SEC confirm that the money exists and came from legal sources.
Step Two: Interview
Once a spot is open, EB-1,2,3,4 applicants submit Form I-485, the green card application, and attend an interview.
Once the I-526 petition is approved, EB-5 applicants submit one of two forms. An investor already with a lawful status submits Form I-485 to adjust their status. An investor without a current lawful status files Form DS-230 with the National Visa Center. Once the form is approved, the investor gets 2 years of conditional permanent residency to implement their investment project.
Step Three: Green Card
EB-1,2,3,4 applicants, if approved, will get their immigrant visa.
EB-5 investors, 90 days until the 2nd year after their received their Conditional Permanent Residency, file Form I-829 to prove they met all the requirements of the program. If so, they will get their immigrant visa for unconditional permanent residency.