A. Extraordinary ability workers.

This category is for foreign nationals who possesses extraordinary ability in the sciences, arts, education, business, or athletics by demonstrating sustained national or international acclaim. The requirements to be classified as an EB-1 extraordinary ability worker are somewhat similar to the O-1 temporary visa classification requirements but the burden of proof and standard of review are higher. The foreign worker must demonstrate sustained national or international acclaim either by receiving a one-time major, internationally-recognized award, such as the Nobel Prize, or by satisfying at least three alternative criteria including receipt of lesser nationally or internationally recognized prizes or awards for excellence, membership in associations in the field which demand outstanding achievement of their members, published material about you in professional or major trade publications or other major media, judging the work of others, either individually or on a panel, original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field, authorship of scholarly articles in professional or major trade publications or other major media, work being displayed at artistic exhibitions or showcases, performance of a leading or critical role in distinguished organizations, command of a high salary or other significantly high remuneration in relation to others in the field, or commercial successes in the performing arts. The foreign national may apply on his own for extraordinary ability classification and does not need a U.S. employer to initiate the permanent residence process.

B. Outstanding professors and researchers

Outstanding researchers and professors with demonstrated international recognition and at least three years of experience in teaching or research may apply for EB-1 outstanding professor or researcher classification. Workers seeking this classification cannot apply on their own but must have an employment offer from a U.S. employer. To fit in this category, the foreign worker must satisfy at least two of a set of criteria including receipt of major prizes or awards for outstanding achievement, membership in associations that require outstanding achievement, published material in professional publications written by others about the worker’s work in the academic field, participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field, original scientific or scholarly research contributions in the field, and authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

C. Multinational manager or executive transfers

Managers or executives of multinational companies who have been employed abroad for at least one out of the preceding three years in a managerial or executive capacity for a qualifying affiliate, parent, subsidiary or branch of a U.S. company and who seek to work in a managerial or executive capacity at the U.S. company may qualify for EB-1 classification as a multinational manager or executive. This classification requires an employment offer from a U.S. company that has been actively doing business for at least one year.

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A. Advanced degree professionals

Advanced degree professionals possess masters or higher degrees or foreign equivalent, or a baccalaureate degree plus five years of post-degree progressive work experience in the field. The job position must also require at the minimum at least a masters’ or higher degree or a bachelor’s degree plus five years of post-degree experience. A labor certification is required for this category.

B. Exceptional ability workers

Workers who possess exceptional ability in the sciences, arts, or business, defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business, may also be eligible for EB-2 classification. EB-2 exceptional ability workers must meet at least three from a set of list criteria including possessing a formal degree, at least 10 years of experience, a professional license, earning salary commensurate with exceptional ability, being a member of professional association, peer recognition, or submitting other related evidence demonstrating exceptional ability. A labor certification application is required for this category and the offered job position must also require exceptional ability.

C. National interest waiver

Foreign workers seeking a national interest waiver are seeking to bypass the labor certification process because it is in the U.S. national interest. National interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States is national in scope, of substantial intrinsic merit and will greatly benefit our national. Individuals seeking a national interest waiver do not need employment offers and may apply on their own.

D. Schedule A – Nurses and Physical Therapists.

The Schedule A visa category is for nurses and physical therapists. Nurses and physical therapists are listed as shortage occupations and therefore do not need to go through the labor certification process. As a result, nurses and physical therapists can obtain their green cards very quickly.

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• A sole proprietorship
• Partnership – whether limited or general
• Holding company
• Joint venture
• Corporation
• Business trust or other entity, which may be publicly or privately owned

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.
Note: This definition does not include noncommercial activity such as owning and operating a personal residence.

Job Creation Requirements

➼ Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
➼ Create or preserve either direct or indirect jobs:
◦ Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
◦ Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.
Note: Investors may only be credited with preserving jobs in a troubled business.
A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded.
A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States.
Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the Immigrant Investor Pilot Program, “full-time employment” also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program.
A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workman’s compensation and unemployment premiums for the position by the employer.

Capital Investment Requirements

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act.
Note: Investment capital cannot be borrowed.
Required minimum investments are:
➼ General. The minimum qualifying investment in the United States is 1 million dollars.
➼ Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is 500,000 dollars.
A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.
A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.

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