WHAT IS THE EB-5 VISA?
Congress created the EB-5 immigrant investor visa category in the Immigration Act of 1990 in the hopes of attracting foreign capital to the US and creating jobs for American workers in the process. There are 10,000 visas available in the category each year, 5,000 of which are reserved for people who participate in a EB-5 pilot program designed to target low employment areas such as the programs featured on this website.
There are three basic requirements for an EB-5 visa:
- First, the alien must establish a business or invest in an existing business that was created or restructured after November 19, 1990
- Second, the alien must have invested $1 million (only $500,000 when investing in a USCIS designated regional center) in the business
- Third, the business must create full-time employment for at least 10 US workers
The main ways to immigrate based on a job offer or employment are the following:
Green Card Through a Job Offer: You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.
Green Card Through Investment: Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.
Green Card Through Self Petition: Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.
Green Card Through Special Categories of Jobs: There are a number of specialized jobs that may allow you to get a green card based on a past or current job, such as:
- Afghan/Iraqi Translator
- Broadcaster
- International Organization Employee
- Iraqi Who Assisted the U.S. Government
- NATO-6 Nonimmigrant
- Panama Canal Employee
- Physician National Interest Waiver
- Religious Worker
All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA). Contact us for more