EB-1A – INDIVIDUALS WITH EXTRAORDINARY ABILITY: The EB-1A Immigrant visa (green card) is available for individuals with extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim proven by extensive documentation. This is a straight path to permanent residency (green card) and no offer of employment or sponsor is necessary. This petition extends to the family of the petitioner (minor children and spouse).
EB-1B – OUTSTANDING PROFESSORS AND RESEARCHERS: Immigrant visa (green card) available for professors and researchers who can demonstrate international recognition for outstanding achievements in a particular academic field. For this category, three years of experience as professor or researcher is necessary in that academic area. Offer of employment is required; therefore, before entering the United States, the professor or researcher applicant needs a position in his or her area at a university or institution of higher education. The permanent residency is extended to the applicant’s spouse and children under 21 years of age.
EB-1C – CERTAIN MULTINATIONAL MANAGERS OR EXECUTIVES: Immigrant visa (green card) available for multinational managers or executives who have been employed outside of the United States for at least 1 year of 3 years preceding the petition or the most recent lawful nonimmigrant admission if already working for the U.S. petitioning employer. Requires a U.S. employer to petition on behalf of manager or executive form an affiliated or subsidiary/parent company abroad. U.S. employer must have been in business for at least one year and have a qualifying relationship with the entity the applicant worked for outside of the United States. Employment must be in a managerial or executive capacity. Once approved, the residency extends to the spouse and minor children of the beneficiary.
EB-2/EB-2 NIW – MEMBERS OF THE PROFESSIONS WITH AN ADVANCED DEGREE AND INDIVIDUALS WITH EXCEPTIONAL ABILITY: Immigrant visa (green card) available to members of the professions holding an advanced degree or its equivalent, or individuals with exceptional ability. Usually requires a sponsor who files a labor certification on behalf of the foreign national. For the subcategory National Interest Waiver (NIW), the petitioner must also demonstrate to USCIS that it is in the national interest of the United States to waive the requirement of a job offer. Once approved, the residency extends to the spouse and minor children of the beneficiary.
EB-3 – SKILLED WORKERS, UNSKILLED WORKERS AND PROFESSIONALS: Immigrant visa (green card) available to organizations who seek to employ skilled workers, professionals, and other unskilled workers. A labor certification issued by the U.S. Department of Labor is required with a permanent, full-time job offer. Once approved, the residency extends to the spouse and minor children of the beneficiary.
EB-4 – SPECIAL IMMIGRANTS: Immigrant visa (green card) available to special immigrants, including religious workers, special immigrant juveniles, certain broadcasters, employees of certain international organizations and NATO civilian employees, members of the U.S. armed forces, certain physicians, Afghan or Iraqi translators, and Iraqis and Afghans who were employed by the U.S. government. Some categories may allow for self-petition while others require a U.S. employer file the petition on behalf of the special immigrant. Once approved, the residency extends to the spouse and minor children of the beneficiary.
EB-5 – IMMIGRANT INVESTMENT PROGRAM: Immigrant visa based on a capital investment of $900,000 (Target Employment Areas or TEA – Rural area or area of high unemployment) or $1,800,000 in a company or a project within a Regional Center (a project that is approved by the United States Citizenship and Immigration Services (USCIS) and conducive to this visa category.) This visa category was created to stimulate the U.S. economy through job creation and capital investment by foreign investors. There are specific requirements on the source of funds and job creation. An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees. For a new commercial enterprise not located within a regional center, the enterprise must directly create the full-time positions. For a new commercial enterprise located within a regional center, the new commercial enterprise can directly or indirectly create the full-time positions. Once approved, the residency extends to the spouse and minor children of the beneficiary. The initial green card is conditional and before the second anniversary the petitioner must apply for removal of conditions.