Different EB-5 Visas Explained: Which Option May Be Right for You?

If you are looking to potentially obtain a U.S. green card, you may have more options than you think. While the traditional routes, such as H-1B and F1 visas, are good options, they come with several challenges, including the potential for decades-long wait times. For this reason, you may be interested in exploring employment-based (EB) visas. There are five different types of EB visas, and each comes with its own set of requirements.

So, what makes the several EB visa types—from EB1 to EB5—different? The types of EB visas are a cornerstone of the U.S. immigration system, designed to attract skilled professionals, investors, and specialized workers who contribute to the country’s economy and diversity. Primarily to support employment-based immigration, the EB visa program focuses on both immediate labor needs and long-term national interests. Each year, the U.S. government offers about 140,000, split between the five different types.

Understanding the different types of EB visas is essential for anyone considering employment or investment-based immigration to the U.S. Because each is tailored to unique groups of individuals, finding the pathway that most aligns with your skills, career, and long-term goals can help ensure a smooth visa process.

This is where Peachtree Group comes into play. Our team has spent more than 40 years helping clients potentially obtain green cards through investment. Our experience with the EB5 visa system has seen us manage over $2.0 billion in transactions, helping thousands of investors navigate the complex immigration system to find the right pathway to permanent residency. In this comprehensive guide, we’ll explain the five different EB visa types and why they may be right for you.

What Are EB Visas?

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Before we go in-depth on each of the five types of EB visas, let’s first discuss the purpose of the EB visa types. These employment-based immigration programs provide a vital way for workers and investors to secure a permanent future in the United States while contributing to its economic growth and global competitiveness. An EB visa allows individuals the chance to leverage their unique qualifications to achieve their immigration goals.

For professionals looking to further their careers, the EB 1-4 visa categories can open doors to industries such as healthcare, technology, and academia. For investors, the EB-5 route offers the ability to turn a financial contribution in a U.S. business into permanent residency.

So, which path is right for your career and financial aspirations? Here's a quick breakdown of the five EB visa types.

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EB-1: Extraordinary Ability, Outstanding Professors, Researchers, and Multinational Executives. 40,000 visas per year.

EB-2: Advanced Degrees or Exceptional Ability. 40,000 visas per year.

EB-3: Skilled Workers or Other Professionals. 40,000 visas per year.

EB-4: Translators and Religious Workers. 10,000 visas per year.

EB-5: Investent-based Immigration. 10,000 visas per year.

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The EB1 Visa, Explained

The EB-1 visa, often referred to as the “first preference” category in the U.S. employment-based immigration system, is designed for individuals who have achieved exceptional success or possess extraordinary qualifications in their field. This visa category caters to three primary groups:

• Individuals with extraordinary ability (EB-1A)
• Outstanding professors or researchers (EB-1B), and
• Multinational executives or managers (EB-1C).

How Is Eligibility Determined?

For those looking for an EB-1A visa, they must demonstrate sustained national or international acclaim in their field, such as science, arts, education, business, or athletics. In other words, you have to prove that you’ve risen to the top of your field. Individuals in this category can self-petition, eliminating the need for a job offer.

For EB-1B visas, applicants must have at least three years of experience and be recognized internationally for their academic achievements. Additionally, you will need to have a job offer from a U.S. institution to teach or research.

Finally, EB-1C visas require that applicants have worked for at least one year within three years as a manager or executive at a top organization. Those who are transferring to a U.S. branch of the organization are eligible for this visa.

What Are the Benefits?

Compared to other employment-based immigration routes, the EB-1 visa comes with several benefits. One of the biggest is the potential for shorter wait times, as the category is not subject to the same backlogs as an H-1B for example. Your timeline could also be expedited further by EB-1 visas not requiring Department of Labor-issued certifications.

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EB-2 Visas: What Makes Them Different?

The second preference category is reserved for individuals who bring advanced expertise or exceptional abilities to the U.S., particularly in fields like sciences, healthcare, and technology. It is important to note that in certain cases, those with EB-1 visas could switch to an EB-2. With this said, though, the EB-2 type of EB visa is not for executives or professors.

Determining Eligibility

Applicants for this type of EB visa must possess an advanced degree, such as a master’s or PhD. Candidates must demonstrate a level of expertise significantly above what is ordinarily encountered in their field. This can be proven through awards, certifications, or membership in professional associations. Additionally, you must be able to provide documentation from your employer(s) that proves at least ten years of experience in your field. A job offer from a U.S. employer is typically required, but there are exceptions.

Individuals whose work is deemed to be of substantial benefit to the U.S. can self-petition without needing a job offer. This is done through a National Interest Waiver (NIW). For scientists, entrepreneurs, and other professionals, this type of EB visa is particularly attractive.

Benefits of EB-2 Visas

For individuals who have strong qualifications in their field, the EB-2 visa offers the advantage of being accessible. Those currently holding an EB-1 visa may consider transferring to an EB-2 if their circumstances change or if they seek a broader eligibility framework. For instance, professionals who no longer meet the "extraordinary ability" threshold could qualify under "exceptional ability" or the advanced degree criteria.

The added benefit of the NIW option also helps certain immigrants expedite the process of earning employment-based immigration status. Like the EB-1 visa, the EB-2 can provide a more balanced pathway to permanent residency or full-time U.S. citizenship for highly skilled individuals.

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The EB-3 Visa: For Skilled Workers and Professionals

So, what is the difference when comparing EB-1 vs. EB-2 vs. EB-3? While the three may sound similar, this EB visa type appeals to those who may not qualify for the higher thresholds of EB-1 or EB-2 but still possess valuable abilities sought by U.S. employers. EB-3 visas offer a broad range of opportunities, as they include skilled workers and professionals and even unskilled workers in industries where demand for jobs is still high.

What Makes an Applicant Eligible?

Let’s start with skilled workers. In this category, jobs could include computer scientists, journalists, or graphic designers. Applicants must have at least two years of training or experience, which could be satisfied by post-secondary education. On top of this, you must have a full-time offer for a U.S. job and complete a Department of Labor Form ETA-9089 to certify your status.

When we consider professionals, the requirements are similar. Candidates must hold at least a U.S. bachelor’s degree (or a foreign equivalent) required for the position. A major difference is that they must also demonstrate that no qualified U.S. workers are available for the specific role.

Finally, for “other workers” or unskilled workers, you must demonstrate the ability to perform work for which qualified U.S. workers are unavailable. This typically requires less than two years of training or experience, but it is important to note that wait times could be longer for this group due to bigger backlogs.

Understanding “Skilled vs. Unskilled”

The primary difference lies in the job requirements. Skilled workers require specific training or experience, often making their roles more specialized. In contrast, unskilled workers fill essential positions that do not demand formal training, such as roles in agriculture or hospitality.

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EB-4: A Path for Those Not Eligible for EB Visas 1-3

The final employment-based immigration route for those considering EB visas is the EB-4. This EB visa type is a specialized pathway to permanent residency for individuals who fall into unique employment-based classifications. The fourth preference category provides valuable opportunities for those who may not fit into the three categories of EB-1 vs. EB-2 vs. EB-3 to still take control of their U.S. future.

Who Is Eligible?

This category supports “special immigrants” who fall into a few different job categories: religious workers, translators, broadcasters, and certain members of the U.S. government or armed forces who currently reside abroad.

What Is the Benefit?

The EB-4 visa provides an essential pathway for individuals whose roles contribute to the U.S. in non-traditional yet vital ways, such as promoting religious freedom, supporting international diplomacy, or aiding national security.

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EB-5: Investment-Based Immigration

Unlike the four options above, which are focused on employment-based immigration, EB-5 is centered around investment-based immigration. This type of EB visa is perfect for those who want to combine their entrepreneurial ambitions with the chance to obtain a U.S. green card. Since the program is designed to stimulate economic and job growth in the country, there are a few requirements that investors must meet:

1. Investment Totals: Applicants must invest a minimum of $1,050,000 over two years in a new commercial enterprise. If the investment is in a targeted employment area (TEA)—a rural area or one with high unemployment—the minimum investment is reduced to $800,000. While the initial price tag may seem high, investors may be able to recoup the full amount depending on the business project they invest in.
2. Job Creation: Each investor is required to create or preserve at least 10 full-time jobs for qualifying U.S. workers. For example, if you invested in one of Peachtree Group's EB-5 projects, your money would go towards generating and supporting new positions for construction and operations staff.
3. Background Check: Finally, every EB-5 visa holder must pass a U.S. background check to ensure they have no criminal record.

The Benefits of EB-5 Visas

To qualify for this EB visa type, no previous business or educational experience is required. Anybody who meets the investment and job creation requirements can apply. And while conditional residency is granted for the first two years until you prove the value of your investments, you can treat this very much like having a green card. You’ll be able to live, work, or travel anywhere in the U.S.

Another big benefit of this type of EB visa is that your immediate spouse and any unmarried children under the age of 21 will be eligible as well. This provides you and your family with direct routes to U.S. green cards. You are also not required to have a full-time job offer or corporate sponsor, giving you more freedom and flexibility throughout your immigration process.

At Peachtree Group, our projects help you streamline this process. Our advisors provide expert guidance at every step, helping you through your initial investment and providing all relevant information about our projects and how investors are creating jobs. Plus, our global hotel partners allow you to invest in world-renowned brands such as Marriott, Hilton, and IHG. Want to learn more about how we can help you potentially earn your green card? Visit our website or fill out our contact form and we’ll get back with you right away.

Frequently Asked Questions

What is the difference between the EB visa types?

There are five different types of EB visas. EB visas 1-4 are employment-based immigration visas, while EB-5offers a route for investment-based immigration.

What type of EB visa is right for me?

Choosing the right EB visa type comes down to several factors, including your career, level of education, and job experience. EB-5 visas are available to all who meet certain investment and job creation criteria.

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