Employment Based Immigration

Employment Based Immigration / Work Visa

EB1 Priority Workers

Priority Workers consist of persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives and managers.

EB2 Exceptional Ability

EB2 includes professionals holding advanced degrees or persons of exceptional ability in the sciences, arts, or business. Unless waived by the Attorney General, the EB2 candidate must have a job offer and the employer must obtain certification from the US Department of Labor that there are insufficient qualified and available US workers for the job offer.

EB3 Labor Certification

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the USCIS, the employer must obtain an approved labor certification request from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

EB4 Religious Workers & Former Employees of US Government

EB4 is comprised of religious workers and former employees of the US government and international organizations.

EB-5 Investment Visa Program

The EB-5 visa was thus created to encourage foreign investment in the U.S.

The EB-5 Investment Visa Program allows you to live permanently in the United States. For foreign investors seeking the freedom and flexibility to live and work in the United States, the EB-5 Visa Program provides an excellent opportunity to obtain permanent residency status, commonly referred to obtaining a “green card”.

A green card provides permanent residency for the applicant, his or her spouse and any children under the age of 21. The EB5 investment visa route to a green card avoids the usual requirement of having family connections, securing a job or running an actively traded business.

The EB-5 visa program has an annual maximum of 10,000 visas issued per year.  3000 of these visas are reserved for the Regional Center Pilot Program.

 Qualifications:

  1. Person must have invested or is in the process of investing at least $1 million dollars or at least $500,000 if investing in a targeted employment area. Targeted Employment areas are rural area or an area that has experienced high unemployment of at least 150 percent of the national average. INA Sec 203 (b)(5)(B)(ii).
  2. Investment must benefit the US economy
  3. Create full-time employment for at least 10 U.S. workers. Keep in mind the troubled business exception can eliminate the requirement to create 10 jobs if company qualifies.  The enterprise one purchases must have been in existence for at least two years and have incurred a net loss during the 12-24 month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20% of the troubled business’ net worth prior to the loss.

Troubled Business Exception: If one invests in a troubled business one need not create 10 jobs but must maintain the jobs there at the time, but if that doesn’t occur one could lose conditional resident status.

  1. Manage day-to-day operations of the business or directly manage it through establishing business policies for ex. as a corporate officer of the company.

Regional Centers- Pilot Program: 8 CFR 204.6

Qualifications:

  1. Investor does not need to create 10 jobs directly, as long as he can demonstrate that the regional center has indirectly created 10 more jobs and improved the regional productivity.
  2. Investor must invest $1 million dollars or $500,000 in qualifying regional centers new commercial enterprise or a troubled business within the area of the designated regional center.

The investor must document that the capital invested has been legally obtained. The investor must submit, among other things, tax returns or equivalent documentation to show that the investor has sufficient lawful sources for the capital invested. Gifts, as a source of the capital are acceptable. Loans in some circumstances may also be acceptable.

Removal of Conditional Status– Critical aspects to develop during the two year conditional period:

Must show:

  1. Commercial enterprise was established;
  2. Individual invested or was in the process of investing the required capital;
  3. Investment created or will create 10 full time jobs; and
  4. Sustained the actions required for removal of conditions during the persons residence in the US, substantially invested the capital investment required and has continually maintained this investment during the conditional period.

 

 

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