An overview of U.S. Employment Based (EB) Visa Opportunities

In this article we will examine the types and sub-types of EB visas that are currently available to potential immigrants to the United States.

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An overview of U.S. Employment Based (EB) Visa Opportunities

Employment based (EB) visas are given to immigrants on the condition that they meet certain job or investment based requirements. Some of these requirements involve working specific jobs that satisfy the visa requirements, while others involve the creation of jobs for other workers.

The EB-1 visa – This visa provides permanent residency to ‘priority workers.’ These are defined as: foreigners with extraordinary abilities, outstanding professors or researchers, and executives and managers of foreign companies who are transferred to the US.

The EB-2 visa – This visa allows potential immigrants that hold an advanced degree to obtain permanent residency. There are three variants of the EB-2 visa:

EB-2(A): This category is for foreign nationals professionals with an ‘advanced degrees’ (masters degree or higher) and with a job offer from a U.S. company.

EB-2(B): This category is for foreign nationals with ‘exceptional ability’ in the sciences, business or arts and with a job offer from a U.S. company.

EB-2(C): This category is for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest.

The EB-3 visa – This is an employment which allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency. The various categories under the EB-3 Employment based immigrant visa are:

EB-3(A): This category is for ‘professional workers’ with a U.S. bachelor's or foreign equivalent degree and with a job offer from a U.S. company.

EB-3(B): This category is for ‘skilled workers’ for positions that require at least two years of training or experience and with a job offer from a U.S. company.

EB-3(C): This category is for ‘unskilled workers’ for positions that require less than two years training or experience and with a job offer from a U.S. company.

The EB-4 visa – This visa is for religious workers. To qualify for this visa the applicant must have been a member – for at least two years - of a religious denomination that has a legitimate non-profit, religious organization in the United States. The applicant must also have been performing ministry, vocation, professional, or other work continuously during that two year period.

The EB-5 visa - An EB-5 investor visa, also known as an immigrant investor visa, grants a foreign investor permanent US citizenship based on the condition that they create jobs for American workers, hence the name ‘Employment Based 5th Preference Visa.’ If a foreign national invests $1 million (or $500,000 in an area with an unemployment rate that is 1 ½ times the national average) in a business that creates at least ten full-time American jobs they will become eligible to obtain an unconditional green card visa (permanent visa) for themselves and their immediate family. The program is split into two distinct phases. In the first phase the immigrant investor is granted a conditional visa. If the investor has created the requisite jobs within two years and maintained the investment during the conditional period, the visa is made unconditional and permanent.

The EB-5 visa may also be attained via an investment into a federally approved Regional Center. The Regional Center has much greater power in creating jobs due to a merging of investor funds and it also has greater leeway for proof of job creation. Both direct and indirect job creation may be utilized by regional centers in order to support the investor’s requirement of creating at least ten jobs for U.S. workers. In summary, a Regional Center not only alleviates the burden on an immigrant investor to source and manage U.S. investment opportunities, but is also a powerful tool for creating and proving job production.

 

Click here if you are interested in learning more about the eb5 visa program, also known as the immigrant investor visa.

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