Fairfax Employment-Based Immigration Lawyer for EB-1 and EB-5 Visas

Attorney Explaining the Difference Between EB-1 and EB-5 Visas for Clients in Fairfax, VA

Employment-based immigration can be a good way for citizens of other countries to become permanent residents of the United States. Two prominent options for employment-based Green Cards are the EB-1 and EB-5 visa categories. The EB-1 visa is for people with extraordinary abilities and certain other employees. In contrast, the EB-5 visa is for investors who will be making significant financial contributions to U.S. businesses.

At The Estevez Group, PC, we help clients in Fairfax, Virginia, understand the differences between these visas and determine the best options for their specific circumstances. By providing guidance throughout the application process, we help employees and investors pursue their immigration goals with confidence.

Who Is Eligible for EB-1 Visas?

The EB-1 visa category is reserved for people who have exceptional qualifications in specific fields. It is divided into three subcategories:

• Extraordinary Ability: A person may qualify if they have national or international acclaim in fields such as science, arts, education, business, or athletics. An applicant must provide substantial evidence of their achievements, such as awards, published work, or memberships in prestigious organizations.
• Outstanding Professors or Researchers: A person may qualify if they are internationally recognized for their academic contributions. An applicant must have at least three years of teaching or research experience and a qualifying job offer from a U.S. employer.
• Multinational Executives or Managers: Employees who may qualify if they have been employed by a multinational company in an executive or management role for at least one year in the three years preceding their application. The U.S. employer must be a branch, subsidiary, or affiliate of the foreign company where the applicant was previously employed.

Who Is Eligible for EB-5 Visas?

The EB-5 visa is intended for foreign investors who contribute to the U.S. economy through substantial financial investment in businesses. Eligibility criteria include:

• Minimum Investment: An applicant must invest a minimum amount of capital in a new U.S. business. Currently, the minimum investment is $1,050,000, but this amount is reduced to $800,000 if an investment will be made in a Targeted Employment Area (TEA). TEAs include rural regions or areas with high levels of unemployment.
• Job Creation: The investment must create at least 10 full-time jobs for qualifying U.S. workers.

EB-1 Application Process

1. Determine Eligibility: An applicant and their employer (if applicable) must assess whether they meet the criteria for their specific EB-1 subcategory.
2. File the Petition: Workers with extraordinary abilities may Form I-140, Petition for Alien Worker, independently. Other applicants must receive sponsorship from a qualifying U.S. employer, who will file Form I-140 on their behalf.
3. Submit Evidence: An applicant must provide extensive documentation of their qualifications, including awards, publications, employment records, and recommendation letters.
4. Adjustment of Status or Consular Processing: If already in the United States, an applicant may file Form I-485, Application to Register Permanent Residence or Adjust Status, once Form I-140 is approved. Those who are located abroad and are seeking to enter the U.S. on an employment basis must complete consular processing at a U.S. embassy or consulate.

EB-5 Application Process

1. Investment Preparation: An applicant must ensure that their financial investment meets the required thresholds and complies with U.S. immigration laws.
2. File the Application: The investor will submit Form I-526, Immigrant Petition by Alien Investor. This application must include information such as the source of funds for their investment, the business plan, and details about the potential for job creation.
3. Conditional Green Card Approval: Upon approval of Form I-526, the applicant will receive a conditional Green Card that will be valid for two years.
4. Removal of Conditions: After two years, an investor must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, to demonstrate that the investment and job creation requirements have been fulfilled.

Green Card Approval for EB-1 and EB-5 Applicants

Both EB-1 and EB-5 visas offer pathways to lawful permanent residency, though the timelines and requirements differ.

• EB-1 Visa Holders: Once the Form I-140 is approved and an immigrant visa number is available, EB-1 applicants may immediately apply for a Green Card. Processing times are often shorter than other employment-based categories due to the high priority of EB-1 visas.
• EB-5 Visa Holders: EB-5 applicants first receive a conditional Green Card after Form I-526 approval. They must fulfill the investment and job creation requirements within two years before transitioning to permanent residency through Form I-829.

Contact Our Fairfax Immigration Attorney for Employees and Investors

Whether you are pursuing an EB-1 visa for your extraordinary talents or seeking an EB-5 visa as an investor, The Estevez Group, PC is here to guide you through the application process. We can help you meet the eligibility requirements for your specific category of visa, and we will work to resolve any concerns that may arise during your case. Contact our firm at 703-829-5179 to set up a free consultation. Let us help you achieve your immigration goals.