Investor Visas (EB-1 Visa, EB-2 Visa)

The EB-1 visa is for immigrants with special or unique professional skills and experience. These visas are also known as Priority Worker visas and apply to employees in the following categories:

  • Extraordinary ability: The Applicant must be able to demonstrate extraordinary ability and international recognition in the sciences, arts, education, business, or athletics. If you can demonstrate this level of extraordinary ability through extensive documentation and supporting evidence, you will not need a job offer to immigrate to the U.S. Even though a job offer is not required, the Applicant will be required to show that he/she intends to pursue work in the U.S. in his/her area of expertise.
  • Outstanding professor or researcher: Universities and research organizations may seek this visa for employees to whom they have offered tenure track teaching or senior researcher positions. This category requires an offer of employment and the professor or researcher must have three years of experience in teaching or research in the academic area and must be recognized internationally as outstanding in a specific academic area.
  • Multinational manager or executive: Immigrants in this category must have been employed as managers or executives outside the U.S. by a company that is now seeking to bring them to serve in a similar capacity in the U.S. at a related subsidiary or affiliate of the foreign company.

Labor Certification is not required for EB-1 visa applicants.

The EB-2 visa is for those individuals who hold an advanced degree or have exceptional ability in their field and have been offered a job in the United States.

Employers sponsoring individuals for EB-2 visas will usually need to go through the Labor Certification (PERM) process with the Department of Labor Employment and Training Administration. Upon approval of the certification request, the employer must present an immigrant petition to the U.S. Citizen and Immigration Services (USCIS) together with supporting documentation. After approval of this petition, and when your visa is current, you may apply for adjustment of status to obtain a green card if you are in the U.S., or complete immigrant visa processing at the U.S. Consulate in your country.

Aliens of exceptional ability in the sciences, arts, or business may be exempted from the labor certification requirement if such an exemption would be in the national interest. In order to apply for the exemption, or “national interest waiver”, the petitioner must file Form ETA-750B (Statement of Qualifications of Alien), and evidence that such an exemption would be in the national interest.