Investor Visa Programs

Overview

Permanent immigration in the US comes with a variety of rights and privileges. One of the most widely used methods to obtain permanent immigration is through employment. There are five classifications for employment-based immigration. Please click on the category that best suits your situation.

EB-1 Priority workers

• Individuals with extraordinary ability in the sciences, arts, education, business or athletics.
• Outstanding professors or researchers
• Managers and executives transferred to the US

EB-2 Professionals with advanced degrees or persons with exceptional ability

• Individuals with exceptional ability in the sciences, arts or business
• Professionals with advanced degrees
• Physicians intending to practice medicine in underserved areas

EB-3 Skilled or professional workers

• Professionals with bachelor's or equivalent degrees
• Skilled workers with at least two years experience
• Unskilled workers

EB-4 Special Immigrants

• Religious workers
• Employees and former employees of the US Government abroad

EB-5 Immigrant Investors

• Engaging/starting in a new commercial enterprise in the U.S.
• Showing that the new enterprise will either directly or indirectly create 10 or more jobs

• Possess Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics, or
• Are Outstanding Professors or Researchers, or
• Managers and Executives of multinational business entities who are on international transfer to the U.S.

Persons in this category are allowed to file for permanent residency (green cards) and do not need to file labor certification application. Thus, beneficiaries in this group enjoy the highest priority among all employment-based green cards.

What must I take to apply for an EB-1 petition?

Note; that this is a difficult legal process. This should only be handled by an immigration attorney with many years experience with this type of petition. Contact us today for an evaluation of your case. The consultation alone could save you a great deal of time and money.

Who files the petition?

Either you or your employer should file-in Form I-140, the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment. This form should contain all necessary documents and evidence. Labor certification is not required for EB-1 petitions.

What documents are required?

Aliens with extraordinary ability are defined by USCIS as individuals with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." The Nobel Prize or similar awards duly prove this status. However, there are alternative means of proving your extraordinary ability. You may submit at least three of the following types of evidence:

• Receipt of lesser recognized prizes or awards for excellence.
• Membership in associations in your area which demand outstanding achievement of their members.
• Published material about you in major publications.
• Proof that you have judged others' works.
• Proof that you have made original contributions to your field.
• Proof that you have published articles about your field in major publications.
• Proof that your work has been displayed in exhibitions or showcases.
• High status in a distinguished organization.
• Proof that you receive high payments for your work, in relation to your peers.
• Proof of commercial success in the performing arts.

As an outstanding professor or researcher, you should be internationally recognized in your field. You should be coming to the US to accept a tenure track position, and you should have had at least three years experience in your academic field.

Evidence of your status should include at least two of the following:

• Receipt of major prizes or awards for outstanding achievement.
• Membership in associations in your area which demand outstanding achievement of their members.
• Published material about you in major publications.
• Proof that you have judged others' works.
• Proof that you have made original contributions to your field.
• Proof that you have published articles about your field in major publications.

To be eligible for EB-1 classification as a manager or executive transferred to the US, you must have been employed outside the U.S. as a manager or executive for at least one out of the past three years. The company you work for must have been seeking to enter the US to conduct business during that period of time.

• Those with Exceptional Ability in the Sciences, Arts or Business, or.
• Individuals With Advanced Degree Professionals, or
• Qualified Alien Physicians who will practice medicine in an area of the U.S., which is underserved.

How do I begin the process for the EB-2 petition?

The process starts by having the full cooperation of your employer. Your employer should file-in Form I-140, the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment. This form should contain all necessary documents and evidence. Labor certification (Form ETA-750) is also required for most EB-2 petitions.

Is it true that if I have extraordinary ability, I may be able to skip the labor certification process?

Yes. Individuals with exceptional ability in the sciences, arts or business may apply to waive the labor certification requirement if a waiver would be in the national interest. To apply for this waiver, you should file-in Form ETA-750B.

What documents are need to apply for the EB-2?

A petition for a foreign national holding an advanced degree can be made when a position requiring an advanced degree becomes available in the United States. Interested candidates must show proof of their education and at least five years work experience.

If you wish to be classified as having exceptional ability in the sciences, arts, or business, you should intend to provide at least three of the following:

• Proof of academic achievement, including diplomas, degrees or certificates from colleges or universities.
• Letters that prove you have at least ten years of full-time experience in your field.
• A license to practice your profession or certification in your specialty.
• Proof that you have received a worthy salary for your services.
• Membership in professional associations
• Recognition in your field from peers, government officials or organizations.

The National Interest Waiver for Qualified Physicians In Underserved Areas
Under 2 circumstances, a physician applying for EB-2 visa can be exempted from the labor certification process if:

• Your employer requests a national interest waiver on behalf of you as a qualified alien physician, or
• You apply yourself if you can prove that your entry into the United States is in the National Interest.

• Professionals with Bachelor's degrees who do not qualify for either categories EB-1 and EB-2, or
• Aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, or
• Unskilled Workers who can contribute abilities unavailable in the US

How do I apply for the EB-3?

Your employer should file-in USCIS Form I-140 Petition for Alien Workers with the USCIS Regional Service Center that has jurisdiction over the location of your employment. EB-3 petitions also require an approved Labor Certification (Form ETA-750) from the Department of Labor.

What experience must I have?

If you are a Skilled worker, you should have at least two years experience, either through hands-on experience or through post-secondary education.

If you are a Professional worker, you should have either a U.S bachelor's degree or a foreign equivalent degree.

The Labor Certification Process: For EB-2 and EB-3

What is the Labor Certification Process? An employer (your petitioner) who is sponsoring you (the beneficiary) is in either an EB-2 or EB-3 candidate. Your employer must complete an Application for Permanent Employment Certification by filing (Form ETA 9089) for you.

Once the application is complete, it must be filed with the Department of Labor's Employment and Training Administration. The Department of Labor will either approve or deny the certification request. The labor certification is a process which shows that your new job will not take jobs away from U.S. workers. It is possible that you may be able to show that your job is in the national interest. If so, then you can skip the labor certification process. Note: The Labor Certification process is a detailed process and should only be handled by an attorney with many years experience with this type of petition. Any mistakes can cause serious delays and the denial of your petition.

Once the labor certification application is granted, your I-140 can be filed with the USCIS by your employer to allow you into the United States.
Already in the United States? Then, the process is a little different; you can now adjust your status to legal permanent residence by filing Form I-485 along with the I-140 with the appropriate USCIS branch office. Be careful, this is a difficult legal process which should be handled by an attorney. Contact my office for personal and professional guidance.

• Religious workers, or
• Employees and former employees of the U.S. Government abroad who are foreign nationals.

The EB-4 category must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with a host of other forms with the USCIS serving the area where the the EB-4 petitioner will work.

What is the process for applying for the EB-4?

Your employer should file Form I-360 with the USCIS Regional Service Center that has jurisdiction over the location of your employment. You should have been working with your religious organization for at least two years. You should be entering the U.S. to work in one of the following areas:

• As a minister or priest of your religious denomination
• In a professional capacity in a religious vocation or occupation for your
• Religious organization (this requires a bachelor's degree or its equivalent).
• In a religious vocation or occupation for your religious organization or its nonprofit affiliate.

What documents are needed for the EB-4 petition?

Along with submitting Form I-360, you should provide the following documents:

• Proof that your religious organization is a non-profit organization.
• A letter from an official of your religious organization in the US stating that you have been a member of the denomination for at least two years, and that you have at least two years experience in your vocation or occupation. The letter should also state certain details about your particular type of vocation/occupation.
• This letter should also state how you will be paid for your work, and that you do not intend to supplement your income with a second job, or depend on charity for support.

EB-5 Immigrant Investors

Overview

Buying a new business in the United States? Maybe a McDonald’s franchise or Subway? Perhaps you are investing in one of many other types of businesses from restaurants to gas stations? The EB-5 is really an “investor visa”. The EB-5 visa has helped many become legal residents of the United States through investment. The EB-5, with a few considerations, will also make each of your family members legal permanent residents as well!

Is this a process I can handle myself?

No. The process is too complicated. You must work an immigration attorney that has worked with the EB-5 petition for many years. Contact my office for a consultation.

Who can apply for the EB-5 investor visa?

Those that have a substantial amount of money to invest in the United States can apply for an EB-5 visa. Here are some of the requirements:

• Establishment of a business.
• Active involvement in the business.
• Investment of at least $1 million in the business ($500,000 is acceptable in certain designated areas) which can be in cash, equipment, inventory, etc.
• An investment that benefits the U.S. economy.
• Create at least 10 full time jobs for U.S. workers.

How do I become a Permanent Resident through the EB-5 visa?

Once your application is approved, you are a "conditional" permanent residence for a two-year period. During the two year's conditional period, the EB-5 investor must continuously meet the legal requirements for EB-5 investors. 90 days before the second anniversary of the EB-5 investor's admission to the U.S. as a conditional permanent resident, Form I-829 must be filed to remove the condition. The “conditional residence” is lifted after 2 years provided the investment