Trump Gold Card Released
Trump's Gold Card requires a $1 million contribution. The EB-5 visa is an investment—at least for now. Here's what you need to know.
Different Employment-Based Visas Explained: Which Option May Be Right for You?
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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 program 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?
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.
- 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: Investment-based Immigration. 10,000 visas per year.
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.
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.
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.
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.
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 mee
- 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.
- 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.
- Lawful Source of Funds: The United States Citizenship and Immigration Services (USCIS) requires EB-5 investors show how the money they are investing was earned and how it moved into the EB-5 investment. This process must show the source of funds are legal.
- Background Check: Finally, every EB-5 visa holder must 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.
A Simplified Guide to EB-5 Visa Investment Program.
Explore the EB-5 Visa process from start to finish.
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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If you enjoyed this article, read through these related press releases and insights.
The new Trump Gold Card program was implemented by White House Executive Order (the ”EO”) on Friday, September 19, and further publicized on the Trump Card website (www.trumpcard.gov) after several months of preparation.
The Gold program offers a pathway to U.S. residency distinct from the EB-5 visa. Instead of requiring investment in a job-creating project which applicants can receive back within a few years, individuals can qualify by making a $1 million contribution (or $2 million if sponsored by a company), which they never get back.
Unlike EB-5, which is tied to new job creation and regional center investments, the Gold Card is tied to existing EB-1 or EB-2 categories, which also have quota limits like EB-5, and have existing backlogs. The Gold Card does not provide favorable tax treatment, and applicants must pay an additional processing fee and undergo extra vetting. It is also unclear whether derivative family members are included under a single $1 million contribution or if each must contribute separately.
The bottom line: people considering immigrating to the U.S. based on the EB-5 immigrant investor visa should apply now.
What this Mean for EB-5 Visa Applicants
Trump's executive order requires the government to implement the Gold Card within 90 days of publication, so by December 18, 2025. While the EO includes an obscure mention that the government will “Consider expanding the Gold Card program to visa applicants under EB-5", it remains unclear how this could happen by executive order rather than by passage of legislation by Congress. Current law provides that any EB-5 petitioner submitting their petition before September 30, 2026 will be adjudicated under existing rules.
The most conservative approach for those considering EB-5 would be to apply before the December 18, 2025 deadline for Gold Card implementation.
A comparison of EB-5 and the Trump Gold Card:
What about the Platinum Gold Card?
The Trump Card website also refers to a Platinum card as “coming soon”, which would require a $5 million contribution, and offer recipients exemption from US income taxes on non-U.S. income and allow recipients to spend up to 270 days in the US. Note that the Platinum Card has not yet been implemented.
Curious about EB-5 Visas
If you are considering the EB-5 immigration by investment visa, Contact Peachtree Group to learn more about the process.
Additional Resources:
Preparing for Your EB-5 Visa Interview: A Complete Guide
As Chair of the EB-5 Investor Team at Klasko Immigration Law Partners, my team is frequently retained to handle complex investor cases, review filings prepared by other firms, and respond to USCIS challenges. I’ve guided hundreds of investors through the EB-5 process, including the often nerve-wracking step: the visa interview.
As Chair of the EB-5 Investor Team at Klasko Immigration Law Partners, my team is frequently retained to handle complex investor cases, review filings prepared by other firms, and respond to USCIS challenges. I’ve guided hundreds of investors through the EB-5 process, including the often nerve-wracking step: the visa interview.
I also know the immigration journey on a personal level. As an immigrant myself, I understand how overwhelming the process can feel—not just for the applicant, but for their entire family. That’s why I want to demystify the EB-5 visa interview for you. With preparation and the right mindset, this step should feel like a confirmation of the hard work you’ve already done, not a stumbling block.
We’re going to limit discussions to interviews at the U.S. consulates overseas, as currently, the U.S. Citizenship and Immigration Service does not routinely interview EB-5 based adjustment applicants.
Where the Interview Fits in the EB-5 Process
For those going through consular processing, the EB-5 interview occurs only after your I-526 petition has been approved and you’ve submitted the DS-260 immigrant visa application. The National Visa Center schedules the interview at the U.S. embassy or consulate in your home country or country of residence
It’s important to remember that this is not a job interview, nor is it an exam designed to test your knowledge of immigration law. The officer’s role is simply to confirm the information you have already provided and ensure your eligibility for permanent residency.
Questions You May Be Asked
During the interview, the consular officer will verify your identity, confirm the lawful source of your investment funds, review your and your dependents’ eligibility, and ask questions about the project you invested in. Although every interview is unique, there are common themes. You may be asked about your personal and professional background, immigration history, your reasons for choosing a particular EB-5 project, how you earned or obtained your investment capital. Dependents are usually not asked questions about the EB-5 investment.
I always tell clients to answer questions directly and concisely. Long, overly detailed answers often create confusion or invite unnecessary follow-ups. At the same time, avoid rehearsing your answers so heavily that they sound scripted. Officers can usually tell when someone is reciting memorized lines, and it can come across as disingenuous. Instead, know your story and speak naturally.
What to Bring to the Interview
Being organized is critical. Missing or disorganized paperwork can create delays. You will need passports for all family members, your DS-260 confirmation page, the interview appointment letter, original or certified civil documents with translations where required, your I-526 approval notice and, depending on the consulate, proof of both your investment and the lawful source of your funds.
If you rescheduled your interview, it’s important to ensure your police clearance letters and medicals are still valid at the time of the interview. Note: Applicants can only schedule a medical exam once the interview has been scheduled.
Mistakes That Can Cause Problems
The most common issues I see at interviews are inconsistencies between what is said and what was included in previous filings, including the I-526 petition; vague or confusing explanations about the source of funds; missing documents, and unfamiliarity with the chosen project.
These mistakes are easily avoidable. The key is to know your case, review your documentation, and be ready to explain your answers in plain language.
The Value of Preparation with Counsel
While it is possible to prepare on your own, many investors find reassurance in conducting an interview prep with their attorney. I often hold these sessions with clients, going over the types of questions that can be asked.
This preparation not only builds confidence but also helps investors practice speaking naturally rather than reciting memorized responses. It also ensures dependents are ready for their interview.
After the Interview
There are three typical outcomes.
- In many cases, the visa is approved and issued within a few weeks.
- Sometimes the case is placed in administrative processing or temporary refusal under section 221(g), which usually means additional documents are needed or background checks are underway. This is not a true denial, but it will likely extend the timeline.
- Finally, once your visa is issued, you must enter the United States within the validity period of the visa. While most applicants receive a visa valid for 6 months, it’s always important to check the validity period of each applicant’s visa and to ensure they enter the U.S. at least once during that period.
A Practical Checklist
At the end of the day, good preparation comes down to being organized and informed. Here is a high-level checklist of things to bring that I recommend to my clients.
- DS-260 confirmation page and interview letter
- Passports for all family members
- Original or certified civil documents (with translations if needed)
- I-526 approval notice
- Proof of investment and lawful source of funds
- Any additional documents requested by the NVC
- Current medical exam results from an approved physician
- An organized binder or folder for quick reference
- And be comfortable answering questions about your background, your funds, and your project
The above is not a comprehensive list nor is it meant to be legal advice. As each person’s personal and immigration history is different, there may be additional documents and additional information which need to be provided for this process. The EB-5 interview should not be seen as a barrier but as the final confirmation of your journey toward U.S. residency.
In my experience, investors who approach the interview with clarity, organization, and calm confidence find it to be a surprisingly straightforward step. Prepare carefully, ensure your medical exam and police certificates are current, and remember that the officer is there to verify your eligibility. With the right preparation, you can walk into your interview assured and walk out one step closer to achieving your immigration goals.
About the Author
Anusree (Anu) Nair is a Partner at Klasko Immigration Law Partners in Philadelphia and Chair of the firm’s EB-5 Investor Team. She leads a dedicated group of attorneys who assist investors in securing U.S. residency through EB-5regional center and direct investments. Recognized nationally for her command of investor-related immigration issues, she is frequently called upon to review complex EB-5 cases and respond to Notices of Intent to Deny (NOIDs). Anu also leads the EB-1/O-1 team, assisting highly skilled professionals in science medicine, and the arts. As an immigrant herself, Anu brings both professional expertise and personal understanding to her work helping clients achieve their immigration dreams.
EB5 Visa Interview Guide
Preparing for Your EB-5 Visa Interview: A Complete Guide
Using a Loan to Fund Your EB-5 Investment
Considering the EB-5 visa program but don't have the full $800,000 investment? An EB5 loan could be an option to fund your investment.
If you're considering the EB-5 visa program but don't have the full $800,000 investment amount readily available, you may be wondering: can you use an EB5 loan to fund your investment? The answer is yes, but there are important requirements and considerations to understand.
The 2022 Law Change Made EB5 Loans Clear
The EB-5 Reform and Integrity Act of 2022 brought significant clarity to the loan question. "The new law clarified that loans are okay. Before then, it was not clear whether a loan was okay," explains Adam Greene, EVP EB-5 for Peachtree Group. Previously, the immigration service had taken the position that borrowed funds didn't qualify as capital if they weren't the investor's own assets.
Under the new law, gifted or borrowed funds may be counted as long as they meet two key requirements: the funds were obtained "in good faith" and were not used "to circumvent any limitations of permissible sources of capital."
What USCIS Needs to See for EB-5 Loans
When documenting an EB-5 loan, USCIS requires specific evidence:
- A valid loan agreement with clear terms
- Documentation of the loan source and how proceeds are transferred
- Proof that you, not someone else, are responsible for repayment
- Evidence of the lender's source of funds (unless from a U.S. chartered bank)
"As long as you can trace the money to a loan from a US chartered bank, that's OK," Greene notes. "However, if borrowing from individuals, you'll need to demonstrate that their source of capital is legitimate.”
Valid EB-5 Loan Sources
Several loan types can work for EB-5 investments:
- Home equity lines of credit
- Loans against investable asset (margin loans)
- Personal loans from banks with proper collateral
- Loans from companies or trusts you own
- Unsecured loans, if properly documented
"Any of these loans is valid as long as there is a legally enforceable loan agreement and you can establish that the funds that you get from the loan were sourced legitimately," Greene explains.
Key Risks to Avoid
The biggest red flag is attempting to circumvent source of funds requirements.
"If you're trying to do something cute or tricky or something that just makes it easier to document your source of funds, you violate the spirit of the EB-5 law and you will have a high risk of I-526E denial," warns Greene.
Other risks include:
- Inadequately documented loan agreements
- Loans secured by the EB-5 project itself
- Immediate loan repayment with unsourced funds
Peachtree Group's EB-5 Loan Solution
Recognizing the complexities of EB-5 loan documentation, Peachtree Group has created an affiliated lender that provides loans specifically for EB-5 investors. This program offers several advantages:
Unsecured Loan Structure: "We have an affiliated lender that actually provides a loan to an investor that doesn't have a formal security agreement against the assets of the borrower," Greene explains. This eliminates potential complications with the immigration service regarding security interests in the EB-5 investment itself.
Flexible Repayment Terms: The loan doesn't need to be repaid for up to five years from origination. "It's very possible or even likely that their EB-5 investment may be repaid within those five years," Greene notes, meaning investors might use their returned EB-5 capital to repay the loan. Of course, EB-5 investors would remain personally liable for any shortfall in repayment proceeds, which is required to satisfy the “at-risk” requirements of the EB-5 program.
Streamlined Source of Funds: Since the affiliate lender sources funds from a US chartered bank, the documentation process is simplified. "We are able to prove that we funded off a bank line and therefore that should be sufficient for source of funds," Greene explains.
Clear Risk Structure: Investors who use $400,000 of their own funds plus a $400,000 loan are "at risk for $800,000," satisfying USCIS requirements while providing financing flexibility.
The Bottom Line
"Loans are allowed under the new law unambiguously; it’s written in the text of the law," Greene emphasizes.
Success requires careful planning and proper documentation. The loan must represent genuine risk to the investor, and all source of funds requirements must be met.
Peachtree Group's affiliated lending program is designed to navigate these requirements while providing investors with flexible financing options. Before proceeding with any EB-5 loan structure, consult with an experienced immigration attorney to ensure compliance and avoid potential complications during the adjudication process. For more information about Peachtree Group's EB-5 loans contact agreene@peachtreegroup.com.