The EB-1 (Employment-Based First Preference) Green Card allows individuals with outstanding academic achievements or extraordinary skills to immigrate to the U.S. permanently. It is a way to obtain a Green Card through employment in the U.S. The EB-1 Visa has three categories: 

- EB1-A: for people with extraordinary abilities 
- EB1-B: for outstanding professors and researchers 
- EB1-C: for multinational managers and executives
 
In this writing, we will explain EB1-A Green Card, its requirements, and application procedures. 

### EB1-A: Aliens of Extraordinary Ability
 
Individuals with extraordinary abilities in science, arts, education, business, or athletics can apply for the EB1-A Visa. It is an immigrant visa. It allows individuals to settle in the U.S. for the rest of their lives. To qualify for EB1-A Visa, the individual should provide sufficient evidence for their significant talent in their fields of study. 

The essential advantage of the EB-1A is that it **does not require either a job offer from employers in the U.S. or a labor certification by the Department of Labor (DOL)**. In addition, EB-1A allows applicants to self-petition and avoids long-processing times due to the labor certification process. 

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">Once the individual obtains their EB1-A Visa, they qualify for a Green Card. In addition, the spouses and children of the individual (under 21 years of age) can also receive their Green Card through the individual’s EB1-A Visa approval.</div> 

### EB1-A Requirements: 
 
If you are an exceptional talent with outstanding success in your field, EB1-A requirements are easy to meet. Internationally recognized awards are often presented as proof of exceptional skills. Here are the main requirements: 

- The individual must have an exceeding ability in their field. 
- The individual is expected to continue working in the area of their expertise once they migrate to the U.S. 

In order to prove you will conduct the work in their work of expertise once they arrive in the U.S., there are some documents they can submit on their application: 

- A letter from their potential employer 
- A contract between the individual and a U.S. company expresses that the individual will work in the same field. 

However, keep in mind that you do not need a job offer to apply for the EB1-A visa.

- The individual must be able to prove their abilities by submitting internationally recognized awards such as Pulitzers, Oscars, Olympic medals, etc. 

If you do not have such an award, United States Citizenship and Immigration Services (USCIS) outlines additional ten criteria that the individual must meet instead. For example, if the individual can possess at least three of the following ten criteria, they would be eligible to be considered as an individual with an extraordinary talent: 

- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence 
- Evidence of your membership in associations in the field which demand outstanding achievement of their members 
- Evidence of published material about you in professional or major trade publications or other major media 
- Evidence that you have been asked to judge the work of others, either individually or on a panel. 
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field 
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media 
- Evidence that your work has been displayed at artistic exhibitions or showcases 
- Evidence of your performance in a leading or critical role in distinguished organizations 
- Evidence that you command a high salary or other significantly high remuneration concerning others in the field 
- Evidence of your commercial successes in the performing arts 

In some cases, these categories do not apply because of the field of expertise. In such cases, the individual must provide comparable evidence. The individual should firmly explain why the criteria are not ascribed to their field and why their comparable evidence should be considered instead.

### EB1-A Application Process: 

EB1-A application process you should follow depends on whether you are in or outside of the U.S. There are two different application paths; 

- Adjustment of Status 
- Consular Processing

#### EB1-A Adjustment of Status Application Process:

If the individual is currently in the U.S., they should adjust their status to EB-1A Green Card to complete the application. But before doing so, you must file the Form I-140 Immigrant Petition for Alien Worker. Most employment-based visas require an employer to file this Form on your behalf, but this is different with EB1-A applications. 

After the USCIS approves your petition, you can adjust your status to EB1-A Green Card by filing Form I-485 with the USCIS. If your I-485 Form is approved, you will immediately be granted your EB1-A Green Card! 

#### EB1-A Consular Processing Application Process:

If you are outside the U.S., you should apply for EB-1A through U.S. consulates in your home country. This process is known as consular Processing and requires you to fill out DS-260 Immigrant Visa Application Form, schedule an interview at the U.S. consulate, and bring the DS-260 confirmation page to your interview. 

Before you set your interview date, as an adjustment of status applications, you must file Form I-140 with the USCIS and wait for a decision on your case. If your I-140 Form is approved, and you complete the following steps, you will be issued your EB-1A Green Card and move to the U.S. to live and work permanently! 

**LET US HELP YOU TO PROVE YOUR ABILITY** 

If you have exceptional ability in the sciences, arts, business, education, or athletics and can prove your abilities with valid documents, you may apply for an EB-1A Green Card! However, the application process is complicated. Therefore, seeking legal help is essential. 

At Grape Law, we excel at understanding our client's needs and providing them with the resources. You can contact us by emailing info@grapelaw.com or scheduling a face-to-face meeting on our website.

Unlike the majority of Employment-Based Green Cards, EB-1A Green Card “does not” require neither a job offer from employers in the U.S. nor a labor certification by the Department of Labor (DOL). EB-1A allows applicants to self-petition themselves and avoids long-processing times due to the labor certification process. 

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What is EB-1A and How to Apply?

People from all around the world prefer to come to the U.S as an investor to expand their careers. Since the U.S. is a major global force and one of the centers of start-up innovation, entrepreneurs see the U.S. as the financial potential to initiate and grow their business endeavors. The U.S. administration acknowledges the investment attraction of the country. 

The government aspires to facilitate the flow of bright and conscientious individuals to the U.S. by transferring investment capital and innovative individuals. In addition, America targets the speedy growth and diversification of its economy. To that end, the U.S. provides entrepreneurs with various visas to legally come and work in the U.S. 

Here in this writing, we will explore the E-2 Treaty Investor and EB-5 Green Card. There are the two most preferred investor visas that the U.S. issues for individuals with grand financial aspirations. Rather than defining each visa separately, we will discover their key differences and give you a framework that you could use to decide the best option for your business. 

**There are six significant differences between E-2 Treaty Investor Visa and EB-5 Green Card:** 

- While E-2 Visa is a nonimmigrant visa, EB-5 Visa is an immigrant visa. Eventually, EB-5 Visa provides permanent residency to its holders. 
- As E-2 Visa is a treat trader visa, it requires the applicant to have nationalities from one of the treaty countries. But EB-5 Visa does not have such a requirement. 
- The minimum investment amount is $1,050,000 for standard investments or $800,000 for investment in a commercial enterprise in a targeted employment area for EB-5 Green Card Visa applications. E-2 Visa applicants are not asked for a specific amount of minimum investment. Yet, it should be a substantial amount of capital. 
- EB-5 Green Card Visa holders should provide employment for at least 10 people to be able to obtain permanent residence. E-2 Visa application does not require generating employment for other people. However, the applicant should prove that their work in the U.S. will make enough income to generate employment other than themselves and their family alone. 
- E-2 Visa holders are limited to working in only the job field of E-2 Visa. On the other hand, EB-5 Green Card Visa holders can work in any field of work or for any company they like. 
- Finally, the application processing time is faster for the E-2, with some applications being processed in as little as 15 days. Meanwhile, the EB-5 visa takes up to two years to be approved. 

 ![](/uploads/e2_vs_e5_green_card_838c922ce2.webp) 

### Eligibility for Application:
 

E-2 Treaty Investor visa, as the name suggests, is only available for investors who are nationals of countries that have economic treaty agreements with the U.S. This is because the E-2 visa was designed to further the financial corporation of the U.S. and treaty countries via investor individuals. However, an EB-5 Green Card visa does not mandate such a requirement for eligibility. EB-5 Green Card visa is open to all, encouraging foreign investors to come to the U.S. For this reason, EB-5 could be considered a more inclusive visa option. 
 
To find out if you are eligible to apply for E-2 Visa, visit the website [economic treaty agreements](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html). 
 
### The Minimum Investment Amount: 

As the investment amount is the primary source of entrepreneurs, the amount could be the essential difference between E-2 and EB-5 requirements. Possibly to many investors’ benefits, there is no fixed investment amount for E-2 eligibility. Instead, the calculation of the amount depends on various factors such as the investment sector, state, and the scope of your business. 

Unlike the E-2 visa, the EB-5 Green Card dictates predetermined amounts for eligibility depending on the location of the investment. For example, if the investment is going to be made in an area with low employment, the minimum amount is $800K. These areas are called Targeted Employment Areas (TEA). The government encourages the people to invest and build businesses in these areas to increase the employment rate. For example, The City of Los Angeles is one of the TEA. The city requests the applicant to submit the number of employment in their application document. On the other hand, if the investment is in a location with a low unemployment rate compared to the national average, the minimum amount required is $1.050,000 million. 

To learn more about the E-2 Visa investment amount, read the article on [our website](https://www.grapelaw.com/library/content/what-is-the-minimum-amount-for-e-2-investor-visa). 

### Employment Creation in the U.S.: 

This is another crucial requirement difference you should consider with care and attention. The EB-5 is a government green card program that aims at the “stimulation of the U.S. economy through job creation and capital investment by foreign investors. Therefore, EB-5 green card holders must produce at least ten full-time employment for qualifying employees. Qualifying employees can be U.S. citizens, permanent residents, lawfully residing non-immigrants, etc. Even though the E-2 visa also targets the growth of the U.S. economy via foreign investors, there is no employment creation requirement for eligibility. This difference might make the E-2 visa more convenient for entrepreneurs who start their financial careers in investment, as there is no pressure to create public benefits. 

### The Validity Duration: 

This might be the most significant advantage of the EB-5 Green Card compared to the E-2 visa. As EB-5 is a green card visa, it allows for permanent living and working in the U.S. Once you are an EB-5 green card holder, you also become eligible for U.S. citizenship after five years. On the other hand, an E-2 visa is a non-immigrant worker visa and only allows for a maximum of 5 years of living and working in the U.S. Even though E-2 visa extensions are limitless, being on an E-2 status nevertheless means more paperwork and fewer government benefits. This is an essential difference you should consider if you plan to establish your life in the U.S. long-term. 
 
While you apply for both E-2 and EB-5 Visas, you can also apply for your dependent family members. This means your spouse and children also come with you to the U.S. The spouses and children (under the age of 21) can work and study in the U.S. after they obtain the necessary documents. 

Both E-2 Visa, and E.B.- 5 Green Card have their advantages and disadvantages. The correct visa option for you entirely depends on your plan, which entails financial goals, family life, country of origin, and many more. In that regard, it is critical to wisely articulate both visas and make an educated decision as to which path you wish to take. 
 
**LET’S GET YOU AND YOUR BUSINESS TO THE U.S.**
 
If you are seeking cutting-edge legal consultations, guidance, and companionship throughout the application process of your visa choice, please don’t hesitate to contact the experienced lawyers of Grape Law by sending your questions and/or inquiries to info@grapelaw.com or scheduling a face-to-face case meeting via our website.

While E2 and EB5 Visas are known as investment visas, there are some differences. While E-2 Visa is a nonimmigrant visa, the EB-5 Green Card Visa is an immigrant visa.  

The difference Between E2 and EB5 Green Card

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E-2 and EB-5 - Key Differences

Many people dream of coming to the US and paving the way for naturalization by getting a green card. There are various family green card options for individuals with an immediate US citizen relative. But if you are not lucky enough to have a family member who is willing to sponsor your green card, don’t worry! There are **employment-based green** cards such as **EB-2 and EB-3** with which you can become a permanent resident and worker in the United States. 

These green cards are prevalent and preferred by many qualified applicants, special knowledge, and extraordinarily talented individuals. On the other hand, US citizen sponsorship is also needed for employment-based green card applications. This requires a valid job offer from employers in the US as well as a labor certification. Henceforth, the application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries!

##### Obtain Your PERM Labor Certification
 
Firstly, you should obtain your PERM Labor Certification (LC), issued by the Department of Labor (DOL). Your employer makes a PERM application, and with the labor certification, it is proven that you are qualified for the job offer. There is no American worker to replace you. Therefore, it is the most crucial aspect of the application. 

You may find our detailed writing [What is PERM Application? How to Apply?](https://www.grapelaw.com/2022/02/18/what-is-perm-application-how-to-apply/) helpful in learning more about the PERM application process. 

##### Find Your Sponsor 

Your sponsor, which in this case is your employer, will file the form I-140 (Petition for Nonimmigrant Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). In this process, it is re-evaluated by the DOL that your employer will be able to afford the determined salary and that you meet the requirements of the job position. 

##### Complete Your Application 

To get an employment-based green card, you must make a general application. Green card applications can be made in two ways depending on your location. First, if you are currently in the U.S. on a legal status, you must apply for “Adjustment of Status” by filing the Form I-485 (Adjust or Change My Nonimmigrant Status) with the USCIS. If you are outside of the U.S., you must apply for a green card via U.S. consulates in your country by arranging an interview after completing the online DS-260 (Immigrant Visa Electronic Application) form. Following the interview, you will be issued an immigrant visa with which you can enter the U.S. This process is known as “consular processing.”
 
Getting a green card and benefiting from its advantages is a significant step towards establishing a living in the United States. With a green card, you can permanently live and work in the U.S. and apply for naturalization soon. However, if you don’t have an immediate relative who is a U.S. citizen, you might use employment-green cards instead. 
 
Even though you might have a valid job offer from employers in the U.S., you will likely be confused and frustrated while trying to figure out which type of employment-green card among the five you should apply for, their unique requirements, benefits, and more. In that regard, we ensure that you make the necessary preliminary preparation and research and accompany you throughout your green card journey with our exceptional legal expertise and result-driven insights. 

If you have any questions or requests regarding the employment-based green card types and their application processes, please don’t hesitate to contact us by emailing info@grapelaw.com or scheduling a face-to-face consultation via our [calendly](https://calendly.com/grapelaw) account!

The application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries! 

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How to Get a Green Card With US Employment 

PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. **This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers' ineligibility for new employment opportunities.** 

##### Application Process:

PERM application process can be a long and confusing one. There are various steps that need close attention and consistent watch. Hence, we hereby prepared a step-by-step guide for PERM application that will make the process clearer for hiring employers. 

##### Employer's Job Definitions:

The initial step. Employers must clearly define the job opportunity and list the minimum requirements needed. Employers must also present the road map of recruitment and address any possible issues.

##### Prevailing Wage Determination (PWD) from the Department of Labor (DOL): 

After the initial step is complete, employers may begin with the request of PWD from the DOL. PWD is a standard procedure for determining a minimum wage level for a certain job position in a given state and local jurisdiction. PWD is another precaution of the DOL to ensure that the employment of a non-citizen will not be unfair to U.S. citizens who hold the same or similar job positions. The average wait time needed for PWD to be determined is 6 months.

##### Recruitment:

Recruitment is the process by which the employer conducts market research and promotes the job offer. Recruitment is another precaution for preventing unfair treatment of U.S. citizen employees. Labor Certification (LC) must be approved by the DOL within 180 days after the start of the recruitment process. Employers must also spare 30 days before applying for the LC in which they do not conduct any recruitment campaign except three “additional” recruitment options. These additional recruitments can be chosen out of ten recruitments listed by the DOL. 

Ten recruitments are as follows: 

- Job fairs 
- Employer’s website 
- Job search websites other than the employer’s 
- On-campus recruiting 
- Trade or professional organizations/publications 
- Private employment firms 
- Employee referral programs with incentives 
- Campus placement offices 
- Local and ethnic newspapers 
- Radio and television advertisements 
 
##### Filing Labor Certification with the DOL’s ETA: 


After the recruitment process is over, employers must apply for Labor Certification by filing the ETA Form 9089, Application for Permanent Employment Certification, with the DOL. You can reach the form via the Foreign Labor Certification website. 

##### The DOL makes a decision on LC:

The DOL is deciding on LCs take varying times. LCs processing times are available at Foreign Labor Application Gateway (FLAG) website. The decision can be in favor of and against the application. The DOL can choose to audit the application as well. 

##### Possible DOL Audit or Denial:
 
In case of potential DOL audit or denial, employers are given extra 30 days to respond to the DOL’s office action. Employers reserve the right to file an appeal of the decision. However, the DOL processes employer appeals in several years which elongate and further complicates the application. Hence, we would not advise you to appeal but restart your application from scratch instead. 

With the implementation of the PERM program starting in 2005, the employer is designated as the supervisor of all the labor certification steps except the prevailing wage determination. This undoubtedly enabled faster processing and decision-making of LCs. On the other hand, as the leading figure in LC applications, employers can be overwhelmed and frustrated with the unexpected turns, up and downs, unfortunate delays, and further inspections that they might encounter throughout the application process. 

**In that regard, we strongly recommend that employers should consider the help of legal professionals by seeking insightful counsel or teaming up with experienced attorneys to manage the application process. Here at Grape Law PLLC, we believe that our professionalism, as well as result-driven approach, will ease the burden on employers by mitigating potential legal issues and resolving them in employers' best interest**.

PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers ineligibility for new employment opportunities.  

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What is PERM Application? How to Apply?

Green Card is the document granting you the right to live and work in the US permanently. There are numerous steps for application changing from individual to individual. Here in this writing, you will be introduced to the essentials of the Green Card application along with many useful links directing you to the right sources! 

 ![](/uploads/ways_to_obtain_green_cards_15133b5512.webp) 

#### Application Eligibility:

Firstly, you need to learn whether you are eligible for the application or not. For this, you can check various immigration categories. To reach Green Card eligibility categories, please see this list. 

##### Find Your Application Sponsor:

The majority of applicants will need **lawful residents of the US (sponsor)** for their immigration petitions. **An immigration petition** is a must in most cases and has many forms. You can reach the most common forms using [this link](https://www.uscis.gov/green-card/how-to-apply-for-a-green-card): 

There is some exception to the petition requirement. Please carefully read your eligible category details to learn more on this issue. 

##### Select Your Application Process:

If you are eligible for an application, then you can proceed to select which application process you will be using. There are two application processes. One is “**Adjustment of Status**”, and the other is “**Consular Processing**”. 

*You proceed with “Adjustment of Status” if*

- You are currently in the U.S. and want to switch your status to lawful and permanent resident. 

*You proceed with “Consular Processing” if* 

- You are currently abroad and want to become a Green Card holder. 

For details of each specific application process, please follow the links below to learn more: 

- [Adjustment of Status](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status) 
- [Consular Processing](https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing) 

##### Common Steps to Follow for Your Application:

Adjustment of Status and Consular Processing share some of the procedures required when applying for a Green Card: 

- Immigration petition is a must (with some exceptions, which I mentioned above). 
- Filing your application document. 
- If you are proceeding with Adjustment of Status, you file your application by filling the document I-485. For posting, you can find this link useful. 
- If you apply through Consular Processing, you should file an immigration application visa at the U.S. consulate of your place of residence.
- Go to your interview appointment (This is only required for Consular Processing. However, Adjustment of Status applicants might as well be called for an interview). 
- Submission of the decision of your application. You will be sent either a Green Card or a visa packet. This depends on your application process. Application processes links do have the necessary further information. 

The Green Card lottery is the most common way into your U.S. citizenship. Millions of people from all around the world try their chance at obtaining this visa. Therefore, Green Card popularity poses many legal questions that need answering. As a dynamic, up-to-date immigration law firm, we know the potential legal challenges and hardships that accompany your application. In that regard, we offer you meticulous and enlightening legal services that will ease your burden as well as your stress. We believe in the promise of our motto, and we care, we work, and we get better, together.

Green Card is the document granting you the rights of living and working in the US permanently. There are numerous steps for application changing from individual to individual. Here in this writing, you will be introduced to the essentials of Green Card application along with many useful links directing you to right sources! 

What is Green Card and How to Apply for It

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What is a Green Card and How to Apply for It?

Green Card

We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

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What is a Green Card and How to Apply for It?