There are two popular routes to a green card for investors and business owners.

These categories are:

• EB5 Investment Green Card

  This is an eligibility category established to attract foreigners to invest in the U.S. and also create jobs for U.S. citizens and permanent residents. The petitioning individual’s investment must be at least $500,000 in a new commercial enterprise in the U.S. In some cases, a $1 million investment is required.

• EB1C Multinational Executives or Managers

  This category allows international companies to transfer overseas high level managers or executives to their U.S. entities to take permanent high level managerial or executive positions.

Both EB5 and EB1C involve complicated business and legal issues. People often confuse these two categories and collectively call them both investment green cards. Aside from some similarities, EB5 and EB1C are drastically different categories and the wrong choice may result in a strategic disaster. Companies or individuals interested in these categories consult and seek advice from experienced attorneys early in the planning process to avoid unnecessary mistakes or setbacks.

There are two groups of ways to apply for a green card for professors and scholars.

1. Green Card through Self Petition

   There are two routes to a green card where one is not required to have a job offer and may self-petition based on achievements and ability (an employer sponsorship is not required). The twin self-petitioned routes are most commonly utilized by postdoctoral scholars, scientists holding visiting or grant-funded appointment, self-employed individuals, and others whose employers cannot sponsor them.

   These categories are:

   • EB1A Extraordinary Ability for individuals of extraordinary ability in the sciences, arts, education, business or athletics;

     This is an eligibility category reserved for the “high achievers” in their field. Examples of who may be considered include Nobel Prize winners, world class athletes, award winning artists, and others who have achieved great successes in their field.

   • EB2 for individuals who were granted a National Interest Waiver (NIW).

2. Green Card through Employment

   There are two popular routes to a green card. Both categories need to be sponsored by the Employer (cannot self petition).

   These categories are:

   • EB1B Outstanding Professor or Researcher

     This is an eligibility category reserved for the “high achievers” in their field.

   • PERM labor certification

     As a pre-step to filing an I-140 immigrant petition, the employer has to conduct a test of the labor market to prove that there are not sufficient U.S. workers who are able, willing, or equally qualified to do the work needed.

   • PERM Special Handling Labor Certification

     Professors, instructors, and lecturers at any post-secondary educational institution may be eligible for an expedited type of labor certification application called "Special Handling," by demonstrating that the teaching faculty is better qualified than any U.S. citizen or permanent resident applicant for the position. The application for special handling labor certification must be filed within 18 months of the selection of the alien "pursuant to a competitive recruitment and selection process."

     This category is an excellent option for academics who do not qualify for EB1B Outstanding Professors or Researchers, or for those who do not want to prepare a research portfolio.

There are two routes to a green card where one is not required to have a job offer and may self-petition based on achievements and ability (an employer sponsorship is not required). The twin self-petitioned routes are most commonly utilized by postdoctoral scholars, scientists holding visiting or grant-funded appointment, self employed individuals, and others whose employers cannot sponsor them.

These categories are:

• EB1A Extraordinary Ability for individuals of extraordinary ability in the sciences, arts, education, business or athletics:
  
  This is an eligibility category reserved for the “high achievers” in their field. Examples of who may be considered include Nobel Prize winners, world class athletes, award winning artists, and others who have achieved great successes in their field.

• EB2 for individuals who were granted a National Interest Waiver (NIW).