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INFORMATION CENTER
Immigrant Visas
Employment-Based Sponsorship
Employment creation is one of the ways which a foreign national may qualify for an immigrant visa. Specifically, the Immigration and Nationality Act provides that an immigrant visa will be available to qualified applicants who are seeking to enter the United States for the purpose of engaging in a new commercial enterprise. The applicant must invest in the amount no less than $1,000,000 US dollars in a new enterprise that will create full-time employment for not fewer than 10 US workers. The amount of investment may be less if the enterprise is located in a targeted employment area (an area with higher than average unemployment rate).
In addition to a number of documentary requirements, the applicant must show that s/he will be engaged in the management of the new commercial enterprise, either through the exercise of day-to-day managerial control or "through policy formulation." This may be a director level position where the applicant will perform policy-making activities, as opposed to day-to-day management.
Once all the necessary documents are prepared and filed, the US Citizenship and Immigration Services (CIS) should take about several months to adjudicate the application. Upon approval of the application, the file will then be sent to Embassy overseas which will contact the applicant for a consular interview. This will take additional 3 to 6 months to complete. At the conclusion of the interview, an immigrant visa will be issued to the applicant and his/her immediate family, which includes the spouse and children under age of 21.
Once the applicant receives the immigrant visa, s/he is considered a conditional US permanent resident. The immigrant visa is conditional; in other words, two years after the applicant becomes a permanent resident, s/he must apply a removal of the condition on the green card, requesting the CIS to waive the condition and to change the visa status to permanent status. At this time, the CIS would like to see the evidence of continued business operation. Once the condition is waived, the applicant will become permanent resident of the United States.
- Alien of Extraordinary Ability (EB1)
- Outstanding Professor or Researcher (EB1)
- Multinational Executive or Manager (EB1)
- National Interest Waiver (EB2)
- Schedule A Occupations: Professional Nurses, Physical Therapists, etc.
- Immigrant Investor (EB5)
