| The 5th preference employment based visa (EB5) | | | | learning relating to your area of exceptional ability. |
| was created in 1990 as a way for foreign investors to | | | | 2) Letters documenting at least 10 years of |
| gain United States permanent residency (and eventual | | | | full-time experience in your occupation. |
| citizenship if desired), through an investment in a new | | | | 3) A license to practice your profession or |
| or pre-existing American business that sees the | | | | certification for your profession or occupation. |
| creation of at least 10 new full-time jobs for American | | | | 4) Evidence that you have commanded a |
| workers. The EB2 visa was also created in 1990, but | | | | salary or other remuneration for services that |
| its purpose was to provide residency for workers who | | | | demonstrates your exceptional ability |
| provide a significant benefit to the United States. In this | | | | 5) Membership in a professional association(s) |
| article we will take a look at these two employment | | | | 6) Recognition for your achievements and |
| based visas and examine the eligibility requirements of | | | | significant contributions to your industry or field by your |
| each. | | | | peers, government entities, professional or business |
| EB2 Visa - You may be eligible for the EB2 visa if you | | | | organizations. |
| hold an advanced degree or the equivalent to such a | | | | EB5 Visa – In stark contrast to the EB2 visa, lays |
| degree, or if you are a foreign national who qualifies as | | | | the EB5 investor visa. According to the government's |
| having an exceptional ability. The government defines | | | | web page, to qualify for the EB5 visa program you |
| these terms as follows: | | | | must: |
| Advanced Degree - The job you apply for must | | | | 1) Invest or be in the process of investing at |
| require an advanced degree and you must possess | | | | least $1,000,000. If your investment is in a designated |
| such a degree or its equivalent. | | | | targeted employment area (A Targeted Employment |
| Exceptional Ability - Exceptional ability "means a | | | | Area is defined by law as "a rural area or an area that |
| degree of expertise significantly above that ordinarily | | | | has experienced high unemployment of at least 150 |
| encountered in the sciences, arts, or business." | | | | percent of the national average) the minimum |
| National Interest Waiver - Aliens seeking a national | | | | investment requirement is reduced to $500,000. |
| interest waiver are requesting that the Labor | | | | 2) Benefit the U.S. economy by providing |
| Certification be waived because it is in the interest of | | | | goods or services to U.S. markets. |
| the United States. Though the jobs that qualify for a | | | | 3) Create full-time employment for at least 10 |
| national interest waiver are not defined by statute, | | | | U.S. workers. This includes U.S. citizens, Green Card |
| national interest waivers are usually granted to those | | | | holders (lawful permanent residents) and other |
| who have exceptional ability (see above) and whose | | | | individuals lawfully authorized to work in the U.S. |
| employment in the United States would greatly benefit | | | | (however it does not include you (the immigrant), or |
| the national interest. Those seeking a national interest | | | | your spouse, sons or daughters). |
| waiver may self-petition (they do not need an | | | | 4) Be involved in the day-to-day management |
| employer to sponsor them) and may file their labor | | | | of the new business or directly manage it through |
| certification directly with USCIS along with their Form | | | | formulating business policy – for example as a |
| I-140, Petition for Alien Worker.You must meet at least | | | | corporate officer or board member. |
| three of the criteria below and demonstrate that it is in | | | | We see in this comparison that despite the EB2 and |
| the national interest that you work permanently in the | | | | EB5 both being employment based visas, they are |
| United States. | | | | very different in nature and offer disparate paths to a |
| In addition to satisfying these requirements, potential | | | | green card visa. While the EB2 requires significant |
| EB2 applicants seeking the National Interest Waiver or | | | | accomplishment, education and the promise of a direct |
| to meet the Exceptional Ability standard must also | | | | contribution to the American workforce by the |
| meet at least three of the criteria below. | | | | immigrant in question, the EB5 visa relies on an |
| 1) Official academic record showing that you | | | | immigrant's investment that creates full-time American |
| have a degree, diploma, certificate, or similar award | | | | jobs for that workforce. |
| from a college, university, school, or other institution of | | | | |