EB2 Investor Visa Requirements and U.S. Green Card Options

Key Takeaways

• The EB2 visa offers permanent residency for professionals with advanced degrees or exceptional ability.
• It differs from the EB5 investor visa, which requires significant investment and job creation in the U.S. economy.
• EB5 investors must invest $800,000–$1,050,000 depending on project location and create at least 10 full-time U.S. jobs.
• Both EB2 and EB5 visas can lead to a green card, but eligibility, cost, and processing times vary.
• The investor visa (EB5) can apply through direct investment or regional centers that pool funds for U.S. projects.
• EB2 visas are employment-based and skill-focused, while EB5 is capital-based, prioritizing job creation.
• An experienced immigration attorney can assist in preparing documentation, selecting investment options, and ensuring compliance with USCIS regulations.

An EB-2 Visa is an ideal option for those seeking permanent residency in the United States that have significant degrees and work experience in his or her field of expertise. 4 min read

EB2 Visa

An EB-2 Visa is an ideal option for those seeking permanent residency in the United States that have significant degrees and work experience in his or her field of expertise.

Who Should Consider the EB2 Visa?

The EB2 visa is best suited for individuals with an advanced academic background or demonstrable expertise in their field. Professionals such as engineers, doctors, university professors, and business executives often apply under this category. The visa is also attractive to foreign nationals involved in scientific research or emerging industries whose work could benefit the U.S. economy, healthcare, or technology sector.

Applicants who have made significant contributions to their field or whose work holds national significance may qualify for a National Interest Waiver, which eliminates the need for a U.S. job offer and labor certification.

EB2 Visa (Green Card)

There are three primary categories for United States Green Card application via employment:

• EB-1
• EB-2
• EB-3

The EB-2 is employment-based and open to foreign workers who have advanced degrees or educational experience. It is for those seeking permanent residency in the United States.

The United States Immigration department allocates 40,000 green cards for each category each year. Most of the applications are filed in the EB-3 category. If qualified, this provides foreign workers with incentives.

This visa is available to those foreign workers with advanced academic degrees or those with exceptional capability in athletics, medicine, business, or science. It is also for those who have exceptional ability in some way that will greatly benefit the national interest of the United States.

The EB-2 green card is so popular because it provides a quick route into permanent residency. These applications are carefully screened by the USCIS. An attorney is very much recommended when filling out the application.

The work is worth it, as there are many advantages of the EB-2 visa. Primarily, the process is expedited compared to other visa categories.

EB2 Visa Benefits

The EB2 visa offers a number of advantages over other employment-based immigration categories:

• Faster Priority Date Movement: Compared to the EB3 category, EB2 applicants often experience shorter wait times for visa availability.
• Direct Path to a Green Card: Eligible applicants can apply for adjustment of status or consular processing to become permanent residents.
• Spouse and Child Benefits: Dependents can live, work, and study in the U.S. with derivative visas.
• Waiver of Job Offer for NIW Applicants: Those eligible for a National Interest Waiver may apply without employer sponsorship.
• Dual Intent Recognition: EB2 visa holders can apply for a green card while on a temporary visa (e.g., H-1B) without jeopardizing their nonimmigrant status.

Understanding the EB5 Investor Visa

While the EB2 visa focuses on education and skill-based qualifications, the EB5 investor visa provides a separate pathway to U.S. permanent residency for individuals who invest in American businesses. The EB5 category encourages foreign capital investment and job creation in the United States, contributing to economic growth.

To qualify for an EB5 investor visa:

• Minimum Investment Amount: $1,050,000 in a new commercial enterprise or $800,000 if the investment is in a Targeted Employment Area (TEA)—a rural region or area with high unemployment.
• Job Creation Requirement: The investment must directly or indirectly create at least 10 full-time U.S. jobs within two years of receiving conditional residency.
• At-Risk Investment: Funds must be placed at risk for the purpose of generating a return, and passive investments do not qualify.
• Lawful Source of Funds: Applicants must prove that the capital used was obtained through lawful means, with detailed documentation of financial records and tax filings.

There are two primary EB5 investment types:

1. Direct Investment – Involves establishing or investing in one’s own business in the U.S. and directly employing 10 full-time workers.
2. Regional Center Investment – Allows investors to contribute to pooled funds managed by USCIS-approved entities, which handle project management and job-creation tracking.

Applicants first receive a conditional green card valid for two years. After proving job creation and sustained investment, they may apply to remove conditions and gain permanent residency.

Green Card Holder's Family

There are some family members of the green card holder that may stay in the United States through an E-21 visa application for a spouse and an E-22 visa for minor children who are not married.

The spouse of the green card holder can apply for EAD or Employment Authorization Document. This provides him or her with the right to work in the United States during the application for permanent residency.

EB-2 Eligibility

The EB-2 includes three subcategories within the visa:

• EB-2(A) for foreign professionals with advanced degrees. This includes a Bachelor's degree with significant experience, Master's degree, Ph. D, or a law or medical degree. According to USCIS, an "advanced degree" may be a Bachelor of Science or Bachelor of Arts degree accompanied by at least five years of "progressive" experience in the field. A job offer from a U.S. company will also be required.
• EB-2(B) for applicants with a current job offer from a company in the U.S. that can prove his or her exceeded ability in arts, medicine, business, science, or athletics. Along with an advanced degree, the applicant must also have 10 years' experience in his or her field. In order to prove "exceptional ability," he or she is required to fulfill a minimum of three of the criteria set by USCIS, which include academic records, professional license, recognition in the field, letters showing the beneficiary's experience, professional association memberships, and exceptional salary.
• EB-2(C) applicants are foreign nationals with a National Interest Waiver or can prove that his or her activities will inherently benefit the national interest of the United States. Proof that the applicant's field has a significant intrinsic merit will be required, in addition to the requirements for the other subcategories. His or her work must have a significant effect on the economic, employment, educational, housing, environmental, cultural, or other important aspect of the country, and the impact must be nationwide. Unlike EB-2 (A) ad EB-2(B) applicants, an EB-2(C) applicant is not required to have a labor certification or job offer to apply.

The following documents are required:

• EB-2(A) will need to supply proof of an advanced degree, proof of a Bachelor's degree with five years' experience, and proof of a job offer in the United States
• EB-2(B) and (C) must provide three of the following: proof of academic qualification in their field, proof of 10 years minimum experience, a professional license, proof of salary, documentation from professional associations, proof of peer recognition, or additional proof not listed but accepted for review.

National Interest Waiver Criteria (EB-2C)

To qualify for an EB2 visa under the National Interest Waiver (NIW) category, applicants must demonstrate:

1. Substantial Intrinsic Merit: The proposed endeavor should have national importance, such as in fields like healthcare, technology, or the environment.
2. Well-Positioned to Advance the Endeavor: The applicant must provide evidence of success and capability, including past achievements and plans for future impact.
3. Benefit to the U.S.: It must be clearly beneficial for the U.S. to waive the job offer and labor certification requirements.

Supporting documentation may include peer-reviewed publications, patents, media coverage, professional awards, and letters from recognized experts or institutions.

Labor Certification (PERM)

Employers in the United States making a job offer to those with an EB-2 application will need to go through the PERM labor certification. This is a process in which the employer is asked to advertise the permanent vacancy to the American workforce and would only hire a foreign worker if Americans were not willing to take the job.

PERM is managed by the Department of Labor, which also issues permits to employers. The category of EB is stated in the contents submitted in the PERM LC process. The employer must submit the permit as necessary. Whether or not the case is included with the requested category at the time of the settlement of the I-140 petition will be determined by the USCIS.

PERM Labor Certification Timeline

The PERM labor certification process includes several time-sensitive steps:

• Prevailing Wage Determination (PWD): Employers must request a wage level from the Department of Labor, which typically takes 4–8 weeks.
• Recruitment Period: The employer must advertise the job for at least 30 days and wait an additional 30 days to review applicants.
• Filing and Processing: Once the recruitment period ends, the employer may file ETA Form 9089. Processing times vary but can take several months.

If no qualified U.S. workers are found for the position, and the Department of Labor approves the application, the employer may proceed to file the I-140 petition.

Receipt and Approval Notice: Category Stated

Once the I-140 has been identified in the category of EB-2, the USCIS will provide a Form I-797.

EB2 Visa Processing Time and Fees

Typical processing times for the EB2 visa include:

• PERM Certification: 6–12 months, depending on prevailing wage and recruitment periods.
• Form I-140 (Immigrant Petition): 6–9 months (can be expedited via Premium Processing in 15 days).
• Adjustment of Status or Consular Processing: 6–12 months after I-140 approval, depending on visa bulletin dates.

Associated Fees:

• Form I-140 Filing Fee: $715 (as of April 2024)
• Premium Processing (Optional): $2,805
• Adjustment of Status (Form I-485): $1,440 for most applicants
• Medical Exam and Document Preparation: Varies based on provider and location

EB5 Visa Timeline and Costs

The EB5 investor visa involves several stages, each with associated costs and waiting periods:

1. Investment and Filing Form I-526E: The initial petition demonstrating investment eligibility. Processing time ranges from 12 to 24 months.
2. Conditional Green Card Approval: Granted for two years, allowing investors and their families to live and work in the U.S.
3. Filing Form I-829: To remove conditions after two years by proving job creation and sustained investment; processing may take 12 to 18 months.

Approximate Fees:

• USCIS Filing Fees (I-526E & I-829): $11,000+ combined
• Regional Center Administrative Fees: $50,000–$70,000 (if applicable)
• Legal and Compliance Fees: $15,000–$25,000 (depending on complexity)
• Investment Amount: $800,000–$1,050,000, depending on TEA status

Overall, EB5 is costlier but offers direct access to permanent residency without the need for employer sponsorship or labor certification.

Qualifications vs. Job on Offer

Some job offers will be easily matched and identified, like a doctor, lawyer or economist. However, there are others that are not as easily matched within this category. An example would include a marketing professional with a large annual salary that may not have an advanced degree with five years of experience.

Common EB2 Visa Pitfalls

Applicants and employers should be aware of common mistakes that can lead to delays or denials:

• Insufficient Evidence of Experience: USCIS strictly requires documentation for each year of qualifying work.
• Mismatched Job Duties: The job offer must align with the applicant’s education and work experience.
• Inadequate NIW Justification: Failing to clearly explain how the work benefits the U.S. can result in denial.
• Errors in PERM Filing: Incorrect recruitment steps or wage calculations may invalidate the labor certification.

Consulting with an immigration attorney is highly recommended to avoid these errors.

Common EB5 Investor Visa Mistakes

Many investor visa applicants face challenges due to incomplete or poorly documented applications. Frequent pitfalls include:

• Unverifiable Source of Funds: USCIS requires proof that all investment funds were lawfully obtained.
• Failure to Meet Job Creation Requirements: Investors must ensure the project generates 10 full-time positions within the required timeframe.
• Insufficient Due Diligence: Not all regional centers are compliant or successful; choosing the wrong project can risk visa denial.
• Incomplete Evidence for Conditional Residency Removal: Applicants must provide financial statements, payroll records, and other documentation before their conditional status expires.

To avoid delays or denials, investors should work closely with an immigration attorney experienced in EB5 cases to review project compliance and maintain ongoing records.

Timing of Gaining the Needed Work Experience

Applicants that are reliant upon a Bachelor's degree and five years of experience must meet that time minimum before the potential employer submits the labor certification or before being employed in the United States.

EB2 vs. EB3 Visa: Key Differences

While both EB2 and EB3 are employment-based green card categories, they differ significantly:

The EB2 visa is generally preferred for eligible professionals due to faster processing and broader eligibility for high-level roles.

EB2 vs. EB5 Visa: Which Is Right for You?

While both EB2 and EB5 lead to U.S. permanent residency, they cater to different applicant profiles and requirements:

Choosing between the EB2 and EB5 visas depends on the applicant’s career background, investment capacity, and immigration goals. Those with significant professional achievements may prefer the EB2 or NIW route, while high-net-worth individuals seeking to support U.S. development through financial means may find the EB5 investor visa more suitable.

Frequently Asked Questions

1. What is the difference between EB2 and EB5 visas?
   The EB2 visa is for professionals with advanced degrees or exceptional abilities, while the EB5 investor visa requires substantial investment and job creation in the U.S.
2. How much investment is required for an EB5 visa?
   Investors must contribute at least $800,000 in a Targeted Employment Area or $1,050,000 elsewhere.
3. Do EB5 investors need a U.S. job offer?
   No. Unlike the EB2 visa, EB5 applicants qualify based solely on their financial investment and economic impact.
4. Can EB5 investors bring their family?
   Yes. Spouses and unmarried children under 21 can obtain derivative green cards.
5. How long does the EB5 visa process take?
   It typically takes 2–3 years, including the initial application, conditional residency period, and final green card approval.

If you need help with getting an investor visa, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.