If you are planning to move to the United States, you might have heard about different EB visa types. The U.S. government offers employment-based visas (EB visas) to people with specific skills, education, or investment capacity.
Among them, the most popular ones are EB-1, EB-2, and EB-5. Each of these visas has different requirements, costs, and benefits. In this guide, we will explain everything in simple words.
What is the EB-1 Visa?
The EB-1 visa is for individuals with extraordinary abilities, outstanding professors, researchers, or multinational executives. It is considered the highest category for employment-based immigration.
EB-1 Visa Requirements
To qualify for an EB-1 visa, you must meet at least one of these conditions:
- Have extraordinary ability in arts, science, business, education, or athletics (with proof such as awards or published work).
- Be an outstanding professor or researcher with at least three years of experience in your field.
- Be a multinational manager or executive working for a company with operations in the U.S.
EB-1 Visa Process & Time
- File Form I-140 (Immigrant Petition for Alien Worker).
- No labor certification is required.
- Processing time is 8-12 months (varies by country).
EB-1 Visa Benefits
- No Job Offer Needed: You can apply without a job offer or sponsor.
- Faster Processing: The EB-1 visa has a quicker approval time compared to other visas.
- Priority Status: EB-1 applicants get priority in the green card process.
- Permanent Residency: It leads to U.S. permanent residency, allowing you to live and work anywhere in the U.S.
- Family Benefits: Your spouse and children can also get green cards.
- Work Flexibility: You can work in your field of expertise, even without a specific job offer.
- Path to Citizenship: It can eventually lead to U.S. citizenship.
What is the EB-2 Visa?
The EB-2 visa is for individuals with advanced degrees or exceptional abilities in their field. This visa requires either a job offer or a National Interest Waiver (NIW).
EB-2 Visa Process & Requirements
- You must have either:
- A Master’s degree (or equivalent experience).
- Exceptional ability in sciences, arts, or business.
- If applying under National Interest Waiver (NIW), you must show that your work will greatly benefit the U.S.
- Your employer must file PERM Labor Certification unless you apply under NIW.
EB-2 Visa Processing Time
- Filing Form I-140 and PERM Labor Certification takes 12-18 months.
- NIW applicants can file without employer sponsorship.
EB-2 Visa Benefits
- No Sponsor Required (NIW): If eligible for National Interest Waiver (NIW), you don’t need a job offer or sponsor.
- Permanent Residency: Leads to a green card, allowing you to live and work in the U.S.
- Faster Process (Compared to Other Visas): EB-2 visas typically have faster processing times.
- Family Benefits: Your spouse and children under 21 can also get green cards.
- Work Flexibility: You can work in your field without restrictions once granted a green card.
- Path to Citizenship: This visa can eventually lead to U.S. citizenship.
What is the EB-5 Visa?
The EB-5 visa is for investors who want to start a business or invest in the U.S. economy. It provides a direct path to a Green Card for the investor and their family.
EB-5 Visa Requirements
To qualify for the EB-5 visa, you must:
- Invest at least $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA region.
- Create at least 10 full-time jobs for U.S. workers.
- Prove the investment funds were obtained legally.
EB-5 Visa Minimum Investment
- $800,000 for rural or high-unemployment areas (TEA).
- $1,050,000 for investments outside TEAs.
The EB-5 Visa Processing Time
- The EB-5 visa processing time by country varies.
- On average, 24-60 months depending on the applicant’s country.
EB-5 Visa Benefits
- Green Card for Investment: Invest in a U.S. business and gain permanent residency.
- Family Benefits: Your spouse and children under 21 can get green cards too.
- No Sponsorship Needed: You don’t need a job offer or a sponsor.
- Work Flexibility: You can live and work anywhere in the U.S.
- Path to Citizenship: After holding a green card for 5 years, you can apply for U.S. citizenship.
- Access to U.S. Education: Your children can attend U.S. schools and universities.
- Boost Business Opportunities: Expand your business and enjoy U.S. market advantages.
EB-1, EB-2, and EB-5 Visas: Key Differences
| Category | EB-1 Visa (Employment-Based First Preference) | EB-2 Visa (Employment-Based Second Preference) | EB-5 Visa (Immigrant Investor Program) |
|---|---|---|---|
| Who is it for? | Individuals with extraordinary ability, outstanding professors/researchers, or multinational executives/managers | Professionals with advanced degrees or those with exceptional ability (including National Interest Waiver (NIW) applicants) | Foreign investors who create jobs in the U.S. |
| Job Offer Required? | No (for extraordinary ability applicants) Yes (for outstanding professors/researchers & executives/managers) |
Yes (except for NIW applicants) | No, but must invest in a qualifying U.S. business |
| PERM Labor Certification Required? | No | Yes (except NIW applicants) | No |
| Minimum Education Requirement | No formal education requirement, but must prove extraordinary ability or achievements | Advanced degree (Master’s or higher) OR Bachelor’s + 5 years of experience | No education requirement |
| Key Eligibility Criteria | – Extraordinary ability: International recognition in science, arts, education, business, or athletics (awards, publications, etc.) – Outstanding professor/researcher: Recognized internationally, 3+ years of experience, job offer from a U.S. university or research institution – Multinational manager/executive: Must have worked for at least 1 year in a managerial/executive role in a foreign company related to the U.S. employer |
– Advanced degree OR exceptional ability in sciences, arts, or business – NIW: Must prove work benefits the U.S. national interest (economic, cultural, health, or educational benefits) |
– Minimum investment of $800,000 in a Targeted Employment Area (TEA) OR $1,050,000 in other areas – Must create at least 10 full-time jobs for U.S. workers |
| Processing Time | 8-12 months (varies by country) | 12-24 months (PERM labor certification adds time) | 24-36 months (depends on investment project) |
| Priority Date Backlogs? | Common for India and China | Common for India and China | Rare, but may have backlogs for China |
| Premium Processing Available? | Yes | Yes | No |
| Green Card Timeline | 8 months to 2 years (depending on country of birth) | 2 to 4 years (longer for backlogged countries) | 2 to 5 years (depends on investment project approval) |
| Family Benefits | Spouse and children under 21 get a Green Card | Spouse and children under 21 get a Green Card | Spouse and children under 21 get a Green Card |
| Work Authorization for Spouse? | Yes (eligible for EAD) | Yes (eligible for EAD) | Yes (eligible for EAD) |
| Path to U.S. Citizenship? | Eligible for U.S. citizenship after 5 years of permanent residency | Eligible for U.S. citizenship after 5 years of permanent residency | Eligible for U.S. citizenship after 5 years of permanent residency |
FAQs
What is the difference between EB-1 and EB-5?
EB-1 is for individuals with exceptional skills, while EB-5 is for investors who can create jobs in the U.S. EB-1 does not require investment, but EB-5 requires a minimum investment of $800,000.
What is EB-1 and EB-2 visa?
EB-1 is for individuals with extraordinary talent or executive roles. EB-2 is for those with advanced degrees or exceptional skills. EB-1 applicants do not need labor certification, while most EB-2 applicants do (unless applying under NIW).
What is the EB-5 visa of the USA?
The EB-5 visa allows investors and their families to gain U.S. permanent residency by investing in the U.S. economy and creating jobs. The EB-5 visa minimum investment is $800,000 for TEA regions and $1,050,000 for others.
Get Help from Eb2Hub for All of Your Visa Requirements
Choosing between an EB visa USA category depends on your skills, education, or investment ability. If you are highly skilled, EB-1 or EB-2 could be the best option. If you are an investor with the required funds, EB-5 can be your path to U.S. residency.
Each category has its own costs, process, and benefits, so it’s essential to evaluate which one suits your needs best.
EB2Hub helps individuals seeking a U.S. green card through the EB2 National Interest Waiver (NIW) process. They provide expert guidance to navigate the complex application process without needing a sponsor.
EB2Hub offers personalized support, helping clients prepare all necessary documents, meet eligibility criteria, and submit a strong petition. They simplify the steps and ensure everything is in order, making the process smoother and faster.
Whether you’re a professional or entrepreneur, EB2Hub can assist you in achieving your immigration goals with a higher chance of success.