EB Visas

EB-1: Extraordinary Abilities/Multinational Executives and Managers/Outstanding Professors and Researchers

Jain Law Firm can help individuals wishing to apply for an EB-1 Visa. A labor certification is not required for an EB-1 Visa. The requirements and details of the EB-1 Visa are listed below:

Abilities Considered Extraordinary

Foreign nationals with Extraordinary Abilities must be able to demonstrate through international or national acclaim that they possess an extraordinary ability in arts, education, business, sciences, or athletics. The applicant must be able to provide extensive documents to support claim. An offer of employment is not required for EB-1.

In order to be eligible, the applicant must meet at least three of the requirements below:

  • Recipient of an internationally or nationally recognized award or prize for excellence
  • Proof of membership in a related association that requires a high level of achievement to be a part of
  • Proof published from a major media source or trade publication noting your achievements
  • Proof that the applicant played as a judge the work of others in the field
  • Proof of contributions the applicant made in the field that are of a significant importance
  • Proof of publications made in scholarly journals, major media outlets, or trade publications
  • Proof of artistic achievements being displayed at showcases or exhibitions
  • Proof that the applicant played a critical role in a distinguished organization
  • Proof that the applicant paid a high salary compared to colleges in your line of work
  • Demonstration of commercial success pertaining to performing arts

Outstanding Professors or Researchers

In order to be eligible for an EB-1 status as a researcher or a professor, the foreign national must be able to show proof of outstanding achievements for which the applicant obtained international recognition in the academic field. In addition, the applicant must possess three years of experience of research or teaching in the academic field. Also, the applicant must be immigrating to the U.S. for the purpose of obtaining tenure or tenure track or a comparable position (i.e. in research) at a higher education institution such as an accredited university.

Acceptable Proof of Outstanding Status as a Researcher or Professor

  • Proof of the being a recipient of a major award or prize for your achievements
  • Proof of membership in a related association that requires a high level of achievement to be a part of
  • Demonstration of material written by others on your work that has been published in a professional publication
  • Proof that you’ve been asked to judge another’s work in your field either individually or as part of a panel.
  • Proof of your contributions in original scholarly or scientific research
  • Demonstration of authorship in your field pertaining to scholarly articles or books in major international scholarly journals

Multinational Managers and Executives

Multinational executives and managers applying for an EB-1 Visa must provide evidence that he/she was employed a minimum of one year in the previous three years outside the U.S. prior to filing for the EB-1 Visa. The applicant must be entering the United States in order to work for the same organization or firm. The position held in the firm outside of the United States must have been an executive or managerial in nature with the same organization or subsidiary.

EB-2: Advanced Degree Holder/Exceptional Ability/ National Interest Waiver

Jain Law Firm can help individuals wishing to apply for an EB-2 Visa. In order to be eligible for an EB-2 visa you must be in a profession and hold an advanced degree or an equivalent or be a foreign national with exceptional abilities. The requirements and details of the EB-2 Visa are listed below:

Advanced Degree Holders

In order to apply for an EB-2 Visa as an advanced degree holder, you must hold a master’s degree or its equivalent. A bachelor’s degree plus five (5) years of work experience in the related field may qualify for EB-2 Visa.

Those with Exceptional Abilities

In order to apply for an EB-2 Visa as a foreign national possessing an exceptional ability you must be able to demonstrate your ability in arts, science, or business. The definition of exceptional ability used is a level of expertise which is significantly above that which is typically encountered in arts, science, or business.

National Interest Waivers

In order to apply for an EB-2 Visa as a foreign national with a national interest waiver typically requires a demonstration of exceptional ability of which will be beneficial to the United States. This includes a formal request for a waiver of the labor certification. As a national interest waiver, one does not require an employer for sponsorship and can self-petition.

EB-3: Professionals/Skilled Workers/Unskilled Workers

Jain Law Firm can help individuals wishing to apply for an EB-3 Visa. An EB-3 Immigrant Visa may be obtained in the following three categories:

Professionals

This category requires U.S. bachelor’s degree or an equivalent and requires the following:

  • Proof that the beneficiary holds a U.S. bachelor’s degree or an equivalent and that it is typically required in the job position (Experience and education cannot replace a bachelor’s degree.)
  • There is current U.S. shortage of qualified workers for the job offered to the beneficiary
  • The job offered will be a full-time, permanent position and the employer must have acquired labor certification from the Department of Labor

Skilled Workers

The beneficiary must have at least 2 years of experience and requires the following:

  • There is a current U.S. shortage of qualified workers for the position offered to the beneficiary
  • The job offered will be a full-time, permanent position and the employer must have acquired labor certification from the Department of Labor

Unskilled Workers

The beneficiary must have acquired experience less than two (2) years. The requirements include:

  • The beneficiary must be capable of performing the unskilled labor
  • There is current U.S. shortage of qualified workers for the job offered to the beneficiary
  • The job offered will be a full-time, permanent position and the employer must have acquired labor certification from the Department of Labor

Labor Certification from the U.S. Department of Labor

The U.S. employers filing petitions for foreign workers must provide evidence that they have the financial ability to pay the wage offered.

EB-4: Special Immigrant Religious Workers

Jain Law Firm can help individuals wishing to apply for an EB-4 Visa. EB-4 Visas are a category of visas that may be issued to special religious workers to work for a U.S. Organization.

In order to qualify for an EB-4 Visa the foreign worker must:

  • Be entering the United States to work full-time (i.e. a minimum of 35 hours/week) for a recognized United States non-profit religious organization.
  • Be entering for work in a religious occupation or vocation either as a professional or nonprofessional.
  • Have been a member of the religious organization or affiliation for a minimum of two years prior to applying for the EB-4 Visa.
  • Have been working in the position for which is being applied for either in a foreign country or in the United States for a minimum of two years immediately preceding the filing of the petition for an EB-4 Visa.

EB-5: Entrepreneurs – Immigrant Investors

The EB-5 Visa process is complex and can be a difficult one. At the Jain Law Firm we excel and have extensive experience in EB-5 Visas. A foreign entrepreneur may be eligible for an EB-5 Visa and become permanent resident/Green Card holder if they have made an investment in a business located in the United States. The business can be one created by the foreign entrepreneur or other parties. The EB-5 Visa entrepreneur, their spouse, and dependent children under 21 years of age may work and live in the U.S. The EB-5 Visa was established in 1990 by congress in order to increase the number of investments in the United States economy.

In order to be eligible for an EB-5 Visa the investor must invest in a United States business that is being operating for profit. Depending on the type of business and the location, the required investment varies. Typically a $1 million dollar investment must be made. If the investment is being made in locations which are suffering from economic depression (targeted employment areas) or rural areas, the required investment may be lowered to $500,000. In addition, the investment must create at least 10 full-time United States jobs that remain for a minimum of two years.

A maximum of 10,000 EB-5 visas are reserved each year by the USCIS. There have been increased filings for the EB-5 Visa. There has been increased confidence gained through transparency of the program provided by the USCIS, an improved application process, and more Regional Center opportunities across the U.S. is thought to be the reason for this growth.

In order to be eligible investments must be made in new commercial enterprises that include those:

  • Formed after November 29th, 1990; or
  • Formed before or on November 29th, 1990 that:
    • Is intended to be purchased and reorganized or restructured to create a new enterprise that is commercial in nature; or
    • Increases its net worth or employee numbers by 40% through the use of the investment.

A commercial enterprise is defined as any legal, for-profit business not limited to but including a:

  • Sole Proprietorship
  • Holding Company
  • Business Trust
  • General or Limited Partnership
  • Corporation
  • Joint Venture

Note that this includes holding companies including their subsidiaries which are wholly owned under the assumption that all subsidiaries are also legal for-profit businesses. This does not include businesses which are non-commercial in nature (i.e. a personal residence holding company).

Job Creation Qualifications

  • In order to maintain EB-5 status, the investment must preserve or create a minimum of 10 full time jobs for United States workers generally for a period of two (2) years.
  • Preserve or create indirect or direct jobs which are:
    • Indirect jobs: those which are created as an off-spin of the investment in a regional center affiliated business enterprise. An EB-5 Visa holder may not use indirect jobs unless they are regional center affiliated.
    • Direct jobs: those which are created through direct hiring by the company invested in.

Note: preservation of jobs will only be considered if the business is considered a distressed business needing the investment to remain operational..

In order for a business to be classified as distressed, the business must have been formed at least 2 years ago and incurred net losses over the past 1 or 2 years prior to application for the EB-5 Visa. In order to be considered a qualified employee, the employee must be a United States Citizen, an immigrant with authorization to work in the U.S. or a permanent resident of the U.S. However, the investor, their spouse or children, or foreign nationals not authorized to work in the U.S. cannot be considered a qualified employee.

Capital Investment Qualifications

Cash, inventory, equipment, cash equivalents, asset secured indebtedness, or other tangible property that is owned by the investor can be considered capital so long as the investor is liable for those assets. This cannot be borrowed capital. As noted above, the minimum investment is $1 million dollars, or under certain circumstances, $500,000 in U.S. funds.

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