Common Questions
EB-1 is for individuals with extraordinary ability in sciences, arts, education, business, or athletics, outstanding professors or researchers, and multinational executives or managers. Each subcategory has specific criteria requiring high-level achievements or employer sponsorship.
The standard EB-2 requires employer sponsorship and a PERM labor certification, while EB-2 NIW (National Interest Waiver) allows applicants to self-petition if they can prove their work benefits the U.S. significantly, making the labor certification unnecessary.
Applicants must submit:
- Academic and professional qualifications
- Evidence of substantial merit and national importance of their work
- Proof they are well-positioned to advance their work in the U.S.
Letters of recommendation from experts in their field
You need to provide strong evidence, such as publications, patents, impact assessments, media coverage, government endorsements, and letters from industry leaders explaining how your work benefits the U.S. economy, technology, healthcare, or another critical sector.
As of 2024, the minimum investment amount for an EB-5 visa is $1.05 million, or $800,000 if investing in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment. The investment must create at least 10 full-time jobs for U.S. workers.
Yes. A PhD is not required, but you must demonstrate exceptional ability or an advanced degree (master’s or bachelor’s + 5 years of experience). You should also show a strong track record of achievements and contributions in your field.
- EB-1: Typically processed within 6-12 months (if priority dates are current).
- EB-2 (with PERM): 1-3 years due to PERM labor certification delays.
- EB-2 NIW: 12-24 months depending on processing times.
EB-5: 2-5 years due to background checks, investment verification, and job creation requirements.
- An EB-5 investment must create at least 10 full-time jobs for U.S. workers within two years. Jobs can be direct (created by the business) or indirect (created through investments in regional centers).
EB-1A (Extraordinary Ability): No job offer required; self-petition is allowed.
- EB-1B (Outstanding Professors/Researchers): Requires an offer from a U.S. employer.
- EB-1C (Multinational Executives/Managers): Requires a U.S. employer.
- EB-2 (PERM Labor Certification): Job offer required.
- EB-1A and EB-1C: Eligible for Premium Processing (15-day decision for an additional fee).
- EB-2 NIW: Premium Processing is available but does not guarantee approval; it only expedites USCIS review.
EB-5: Not eligible for Premium Processing.
If denied, you can:
- File a Motion to Reconsider or Reopen if there was a legal error.
- Submit a new petition with additional evidence.
The Visa Bulletin is published monthly by the U.S. Department of State and determines when Green Card applicants can proceed with their cases based on visa availability.
Yes. Your spouse and unmarried children under 21 years old can apply for a Green Card as derivative beneficiaries of your EB-1, EB-2 NIW, or EB-5 petition. They can also apply for work authorization (EAD) and advance parole (travel permit) while awaiting approval.
Yes. If you qualify for EB-1A (Extraordinary Ability) or EB-1B (Outstanding Professor/Researcher) after filing EB-2, you can submit a new EB-1 petition and request to retain your EB-2 priority date.
