The EB-5 classification was created in 1990 for certain foreign national investors. The two main requirements for obtaining an EB-5 employment based visa is, first, the foreign national must invest $1 million in a new United States business (or $500,000 in a targeted employment area). Secondly, the foreign national must guarantee to provide full-time employment to at least 10 (ten) qualified United States workers (not including the applicant, his/her spouse, his/her children or any non-immigrant workers).

A foreign national investor may obtain an EB-5 classification by establishing a new business in the U.S. If there are more than one investor, each petitioning investor must have invested or is actively in the process of investing the required amount for the area in which the new company is principally doing business, and each individual investment must create at least ten full-time jobs for qualifying United States workers.

To obtain an EB-5 classification a petition must be filed with the US Citizenship and Immigration Service (CIS) regional service center. There is no labor certification requirement for this special category. Conditional permanent residence is granted initially for a two-year period. After the second anniversary of granting permanent residence, a review is made. If the company continues to employ the required number of U.S. workers and is continuing to do business permanent residence will be granted.

Foreign nationals who demonstrate extraordinary ability in a specific field may qualify for EB-1-1 employment based status as “priority worker”. The foreign national must show that s/he has achieved international or national acclaim in his/her field, and has extraordinary ability (i.e., they have risen to the top of his/her field).

S/he must submit documentation of outstanding achievements in the specific field. In addition, the applicant must demonstrate that s/he will be coming to the United States to pursue employment in his/her field of expertise. The applicant does not need an offer of employment in the United States.

To obtain an EB1-1 visa, a petition must be filed with the US Citizenship and Immigration Service (CIS). Upon approval, the applicant, his/her spouse and any children under 21 years of age may apply for immigrant visas through adjustment of status in the United States, or through consular processing at a U.S. Consulate outside the United States.

This type of visa is available for outstanding researchers to qualify as a “priority worker” immigrant visa. An Outstanding Researcher is a person who is recognized as being outstanding in specific academic or applied science fields. The applicant must show at least three years of teaching or research experience in the area for which he seeks classification and must be entering the United States to perform full-time research or teach in the filed of expertise.

The applicant must also submit documentary evidence to establish his/her international acclaim as outlined in the pertinent federal regulations.

The EB1-3 visa classification is available to individuals who have been employed with a company abroad in a managerial or executive capacity for at least one year within the last three years, and who seek to work for a related United States parent, subsidiary, or affiliate of an overseas employer in a managerial or executive capacity. The applicant must meet the US Citizenship and Immigration Service (CIS) definition of a “manager” as someone who manages the organization,

a department, subdivision, function or component of the organization, supervises other managerial employees, and has the authority to hire and fire employees that come directly under his supervision. If the person does not supervise any employees, s/he must hold a senior level within the company with respect to the function managed.

The definition of an “executive” includes one who directs the management of the organization or a major component or function of the organization, establishes the goals and policies of the organization, component or function, and possesses a wide range of decision making power.

The application for the EB1-3 visa petition must be filed with the US Citizenship and Immigration Service (CIS) office. Once approved, the applicant, his/her spouse and children under 21 years of age can apply for their immigrant visas through adjustment of status in the United States or consular processing at a U.S. Consulate abroad.

Foreign professionals with advanced degrees and those with exceptional ability may qualify for EB2 visas. EB2-1 classification can be obtained by foreign nationals, who are members of the professions and who hold advanced degrees, including a person who holds a baccalaureate degree and has at least five years progressive experience in the profession. EB2-2 is available for individuals who possess “exceptional ability” in the sciences, arts or business.

To obtain an EB2-1 and EB2-2, the employer must file a labor certification with the U.S. Department of Labor, showing that there are no United States workers available that are qualified for the specific position applied for. The employer must conduct recruitment as directed by the Department of Labor. The recruitment process includes the posting a advertisement in a professional or major publication. It must be noted that if a minimally qualified United States worker has applied for the position the labor certification would not be granted.

Once the Labor Certification is approved by the Department of Labor, the employer may file an immigrant visa petition with the US Citizenship and Immigration Service (CIS). Upon the approval of the visa petition, the foreign national may obtain the visa at the U.S. consulate abroad.

Foreign “Skilled Workers” who are capable of performing a job which requires at least two years of training or experience, and for which qualified workers are not available in the United States, can obtain EB3 visa classification. To obtain an EB3-1 status, the U.S. employer must obtain an approved permanent Labor Certification, verifying that no qualified United States workers are available to fill the full-time position offered by the company and proof that the foreign national possessed the two years or more of qualifying experience prior to joining the company.

As for foreign professionals, who hold baccalaureate degrees in occupations for which qualified workers are not available in the United States, the EB3-2 classification is available. Just like the EB3-1 classification, in order to obtain an EB3-2 an approved Labor Certification must be first obtained. The employer must show that the job must require a baccalaureate degree and the company must establish that a baccalaureate degree is needed to adequately perform the job duties.

Upon approval of an EB3-1 or EB3-2 visa petition by the US Citizenship and Immigration Service (CIS), the applicant, his/her spouse and children under 21 years of age may apply for their immigrant visas through adjustment of status in the United States or consular processing at a U.S. Consulate abroad.