EB-5 is an immigrant visa. EB-5 allows a foreign national, his/her spouse and children under 21 obtain permanent residency status, Green Card. This category is reserved for the foreign nationals who invest (one million dollars or $500,000) into a new American commercial enterprise that creates ten jobs for American citizens or authorized immigrant workers. There are two ways to invest, direct investment and investment through Regional Center. Direct investment means that investor creates new business, invests the required amount into it, creates ten jobs and manages it. Regional Center is a U.S. government approved organization established to conduct a project. Investment through Regional Center means that investor does not have to actually run the business. When approving Regional Center, USCIS has accepted that each investor’s contribution to the project through Regional Center will indirectly create ten jobs.
EB-3 Visa is the immigrant visa, third preference and it is available for skilled professionals. EB-3 is an employment-based petition for those seeking positions requiring 2 years training or experience, professionals whose job requires a baccalaureate degree or equivalent, or “other” unskilled workers.
EB-2. Foreign national can be eligible for an employment-based, second preference visa if he/she is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. The foreign national must show an advanced degree and he/she must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). He/she must also be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
EB-1. Foreign national may be eligible for an employment-based, first-preference visa if he/she has an extraordinary ability, he/she is an outstanding professor or researcher, or is a multinational executive or manager. Foreign national must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Foreign national must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and he/she must be seeking to enter the United States to continue service to that firm or organization. Foreign national’s employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.