Investor and Employment

The minimum investment is $1.05 million, or $800,000 if the investment is in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment.

Investors must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investment.

A TEA is a geographic area that qualifies for a lower investment threshold due to either high unemployment (150% of the national average) or being in a rural area.

The business must be a new commercial enterprise, a troubled business, or an expansion of an existing business. It must also meet the job creation requirements and be for-profit.

The process involves filing an I-526 Immigrant Petition by Alien Investor, followed by adjustment of status or consular processing if the petition is approved. After that, a conditional green card is issued, which can be converted to a permanent green card after two years by filing an I-829 petition.

A Regional Center is a government-approved entity that pools EB-5 investments in larger projects, often in TEAs. Investing through a Regional Center can make it easier to meet job creation requirements.

Yes, the spouse and unmarried children under 21 of an EB-5 investor can also obtain green cards through the program.

The primary risks include potential loss of the investment, failure to meet job creation requirements, and the possibility of not obtaining a green card if the project fails.

Yes, once you receive your green card, you can live and work anywhere in the U.S.

The primary categories are:

     - EB-1: For priority workers, including individuals with extraordinary ability, outstanding professors/researchers, and certain multinational executives.

     - EB-2: For professionals with advanced degrees or exceptional ability.

     - EB-3: For skilled workers, professionals, and other workers.

     - EB-4: For special immigrants, including religious workers and certain international employees.

     - EB-5: For immigrant investors (as described above).

The PERM process is the first step for most EB-2 and EB-3 categories, where the employer must prove that no qualified U.S. workers are available for the job, demonstrating the need to hire a foreign worker.

To qualify for EB-1, you must demonstrate extraordinary ability in your field, be an outstanding professor/researcher, or be a multinational executive or manager. The requirements are stringent and often require significant achievements.

EB-2 is for individuals with advanced degrees (master's or higher) or exceptional ability, while EB-3 is for skilled workers with at least two years of experience, professionals with a bachelor’s degree, and other workers with less specialized skills.

Processing times vary by category, country of origin, and other factors. EB-1 visas generally have shorter waiting times, while EB-2 and EB-3 can have longer waits due to visa backlogs.

Generally, yes. However, if you change employers immediately after getting your green card, USCIS may question whether your initial job offer was genuine. It's advisable to stay with your employer for a reasonable period.

The National Interest Waiver allows certain EB-2 applicants to bypass the PERM process if their work is in the national interest of the U.S., such as projects benefiting public health, technology, or the economy.

Yes, spouses and unmarried children under 21 can also obtain green cards as derivative beneficiaries of the primary applicant.

Yes, most employment-based visas require a job offer from a U.S. employer, except for categories like EB-1A (Extraordinary Ability) and certain EB-2 NIW cases.

Losing your job can jeopardize your green card application, especially if it occurs before your I-485 Adjustment of Status is approved. In some cases, you may be able to find a similar job and continue the process, but it's crucial to consult with an immigration attorney.