When researching possible United States immigration avenues, many potential immigrants are overwhelmed by the number of options that are seemingly available to them. There multiple immigration pathways available to foreigners, but each pathway has its own set of rules, regulations, and requirements for application and acceptance. For immigrants who have no familial ties to the United States, it can be challenging to narrow down which one of the remaining non-family based immigration options are best suited for them. Many employment-based options are temporary or seasonable and those which are not seasonal often contain requirements for tertiary level education that applicants may not possess.
For those interested in permanent immigration solutions without relevant tertiary education, visa options are few and far between – and often highly competitive. One such visa is the EB-3 visa for skilled, unskilled, and professional workers. This visa requires sponsorship by a U.S. based company and can only be successfully obtained after a number of stipulations have been met regarding a mandatory extensive hiring process. Although this visa option may seem viable to someone interested in permanent relocation, the EB-3 visa carries a number of deterrents.
The EB-3 visa is employment-based, meaning that receipt of the visa is conditional on the applicant receiving a permanent job offer with the intention to retain the job for an indefinite basis. If for some reason the employer decides to retract the job offer or terminate the employment before the petition is approved, the EB-3 potential must either find a new employer and begin a new application or end their immigration journey. Similarly, if the EB-3 recipient receives their visa and is terminated from their position, they must find new employment, adjust their status, or leave the United States within 60 days of this termination.
For immigrants that have relocated to the United States with their families, this can create a negative ripple effect. As the search for a new job may mean moving their family to a new county or a new state, minor-aged children may be forced to change schools without notice or ultimately be uprooted back to their home country. EB-3 petitioners and their families are ultimately dependent on the employer to maintain the employment offer throughout the petition process, which can take years from the start of the application to the final notice of approval or denial. If at any point during the processing period the employment offer is reneged, the petition is rejected.
Unlike the EB-3 visa and other visa types, the EB-5 investor visa is not reliant on employment or family ties. Once the EB-5 applicant has worked with a recognized regional center and invested the required amount into an approved EB-5 project, the process can only be interrupted under rare circumstances. Also unlike other visa types, the EB-5 investor visa does not have any employment or education requirements in order for the petition to be accepted. Currently, the EB-5 investor visa is the fastest method through which a foreigner can obtain U.S. permanent residence and an eventual pathway to citizenship.
Interested in finding out more about how funding for the EB-5 investment can be obtained? Click here to read more information on the EB-5 visa funding and its requirements and to explore the benefits of the EB-5 visa for you and your family. For more information on the benefits of working with an immigration attorney for your EB-5 application, click here.