E-B3, E-B5 Visa Requirements (United States)

For E-B3 Visa

The EB3 Visa allows skilled workers, professionals and unskilled workers to go to US and work. In order to obtain this visa a few requirements must be met to determine your eligibility for the specific type employment-based visa:

	Requirements	Certification
Skilled Workers	Be able to demonstrate a minimum of 2 years of work experience or job training You must be performing work for which qualified workers are not available in the United States A Labor Certification Process and a full- time job offer is a requirement for this category	A full-time job offer and Labor Certification required
Professionals	You must be performing work for which qualified workers are not available in the United States Education and experience may not be substituted for a baccalaureate degree Labor certification and a permanent, full-time job offer required	A full-time job offer and Labor Certification required
Unskilled Workers (Other Workers)	You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States	A full-time job offer and Labor Certification required

Skilled:

Be able to demonstrate a minimum of 2 years of work experience or job training
You must be performing work for which qualified workers are not available in the United States
A Labor Certification Process and a full- time job offer is a requirement for this category

Benefits of EB3 Visa-

With an EB3 Visa, workers can work live in the US permanently without the need of an Employment Authorization Document and are also allowed to switch employers and positions within a few years.

E-B5 Visa

EB-5 visa applicants are typically required to make either a $500,000 or $1 million capital investment amount into a U.S. commercial enterprise.
The EB-5 investment can take the form of cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents and is valuated based on U.S. dollar fair-market value.
The minimum amount of capital required for the EB-5 visa program may be decreased from $1 million to $500,000 if the investment is made in a commercial entity that is located in a targeted employment area (TEA).
The EB-5 project must either be in a rural area or in an area that has high unemployment in order to qualify for TEA designation.

High unemployment areas are geographic locations with an unemployment rate that is at least 150 percent of the national unemployment rate at the time of the EB-5 investment. Rural areas are geographic regions that are outside of a city with a population of 20,000 or more. Rural areas can also be geographic regions that are outside of what the U.S. Office of Management and Budget has designated as metropolitan statistical areas.

The USCIS requires that EB-5 investments result in the creation of 10 full-time jobs for U.S. workers. These jobs must be created within the two-year period after the investor has received their conditional permanent residency. In some cases, the investor must be able to prove that their investment led to the creation of direct jobs for employees who work directly within the commercial entity that received the investment.

However, the EB-5 investor may only have to show that 10 full-time indirect or induced jobs were created if the investment was made in a regional center. Indirect jobs are those created in businesses that supply goods or services to the EB-5 project. Induced jobs are jobs created within the greater community as a result of income being spent by EB-5 project employees.

EB-5 Business Entities

There are several types of business entities in which an EB-5 visa applicant can invest.

In general, the applicants can invest directly in a new commercial enterprise or in a regional center.
New commercial enterprises are lawful for-profit entities that can take one of many different business structures. Such business structures include corporations, limited or general partnerships, sole proprietorships, business trusts, or other privately or publicly owned business structures. All new commercial enterprises must have been established after November 29, 1990.
Older commercial enterprises may qualify if the investment leads to a 40-percent increase in the number of employees or net worth, or if an older business is restructured to such a degree that a new commercial enterprise results. In addition to individual business enterprises, EB-5 visa applicants can also invest in EB-5 Regional Centers.
Regional centers administer EB-5 projects. It may be more advantageous for an investor to invest in a regional center-run project because the investor will not have to independently set up the EB-5 projects.

EB-5 Visa Requirements Summary

$1 million capital investment, $500,000 in a TEA
The investment must be made in a for-profit U.S. commercial entity
The investment must create 10 full-time U.S. jobs for two years

E-B3, E-B5 Visa Requirements (United States)

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