EB-1 Category

This employment immigrant visa allows for a permanent stay in the U.S. Labor certification is not necessary. Immigration requirements are that the individual must have an exceptional skill. The process for this application is not difficult. For some academic professions, a Labor certificate may be required. That includes scientists, researchers, professors, and managers of multinational firms.

This sub-category of an immigrant visa is further broken down into following three sub-categories, which are listed below. It is important to note that a multitude of variables can apply. There are many prerequisites in order to make a valid assessment of the individual’s petition.

1. Extraordinary Ability

The applicant must demonstrate achievement in the fields of science, art, sport, business or technology. The candidate must show credentials to outline his or her national acclaim. Their ability must be extraordinary.  It is not necessary that the applicant has ensured employment before petitioning for this type of visa. The I-140 form is required, which should be submitted either to the USCIS or to the United States Citizenship and Immigration Services. 

2. Exceptional professors and researchers

This visa is specifically for persons in academics who acquired the international acclaim. They must demonstrate recognition for their expertise and sufficient qualifications in the relevant field of interest. Three years of teaching or research is required to reinforce their accomplishments. This visa is relevant also for those who seek to work in the academic or teaching environment or academic research. The application for such a candidate must be filed by a prospective employer with a specific job offer under the Immigrant Petition for Alien Workers.

3. Multinational managers or executives

Executives of a particular business are also entitled to the immigrant visa. The perspective immigrants need to be employed by the company throughout the last three years. The applicant should have at least one year of managerial or executive experience in the parent company abroad.  The individual must hold an executive position. The Immigrant Petition for Alien Worker must be filed by the U.S. employer.

EB-5 Green Card via Investment

The government of the U.S. introduced a Regional Center Program, which is also recognized as the U.S. Immigrant Investor program. It was introduced as a method by which permanent residency of the U.S. was open to foreign investors who seek to invest substantially in the U.S. market. Therefore, if a minimum amount of $500,000 was invested by a foreign individual in an area that was demonstrating a high unemployment ratio; such individuals would accordingly qualify for a conditional green card for two years. This is also applicable if an amount of $1,000,000 was invested in a business enterprise which would be based in a geographically approved region, and which showed the potential of creating a minimum of 10 permanent full-time employment opportunities for the U.S. workforce.

The potential visa holder must demonstrate employment accomplishments, and agree to a two-year temporary or conditional stay. Upon satisfying these conditions, investors receive the unconditional green cards

Benefits of EB-5 Green Card

The EB-5 immigrant visa is internationally recognized by foreign investors seeking to contribute and participate in the U.S. economy. The U.S. market is known for its relative stability and the legal system ensures a safe realm for investing.

Trade between the national Treaty country and the U.S. economy is encouraged, as is multicultural diversity within the market. Many foreign nationals are therefore afforded the opportunity to establish a working relationship with the U.S. that simultaneously embraces the interactions of their origins.

The investor should have the main control of his or her business.  He or she should hold an executive or managerial position.  This includes making decisions, creating and enforcing company policies, along with any other duties afforded to an individual with senior/manager/executive status in the company. For a limited partnership, these rules are not as applicable and vary from applicant to applicant and their contractual obligations. Manifold investors in the company are of importance in assessing the candidate’s entitlement to this visa. The number of other investors in the company will be subject to review and will have some influence on the applicant’s approval, even if they themselves do not seek to obtain the EB5 visa.

How to apply for an EB-5 Green Card?

The financial prerequisite for ‘targeted employment places’ is $500,000 or $1,000,000 in a newly commercialized, industrialized area. The investor  should create at least 10 full-time work positions for residents of the U.S. before becoming the Green Card holder. The spouse and the unmarried children below 21 years of age may also apply for their residency in the U.S.

How to complete an EB-5 Green Card Application?

These procedures may be completed in the U.S. or abroad at the US Embassy/Consulate. This whole process should take about 5-10 months.  The Form I-526, the Immigrant Petition for an Alien Investor, must be filed by the investor, and submitted along with the specified requirements of the USCIS. The green card that will be provided initially is conditional and will only be valid for up to 2 years. Before the conditional green card expires, the subject must file a Petition to Remove Conditions on the Form I-829.

Explore more about EB5 Green Card here.