Landover EB-3 & EB-5 Visa Lawyer

Helping Clients with EB-3 & EB-5 Visas in Maryland

United States employment-based (EB) visas allow qualified workers and investors to live and conduct business lawfully in the US. Two of the EB visas that our firm commonly deals with are the EB-3 and EB-5. The EB-3 visa allows skilled and unskilled workers to legally work in the US, while the EB-5 is available for investors. 

At Zenith Law Firm, we know obtaining one of these visas could be crucial for your career and livelihood. Allow us to guide you through the application process. Thousands in Maryland, Virginia, and Washington, DC, have turned to us for business immigration law matters since 2010. With our depth of experience, you can confidently put your legal needs into our hands. 

Ready to start your EB-3 or EB-5 visa journey? Call us at (240) 652-2557 or contact us online form to schedule a consultation with our experienced Landover immigration attorney today!

Who Is Eligible for EB-3 & EB-5 Visas?

You may be eligible for an EB-3 visa if you are:

• A skilled worker with 2+ years of experience or someone who has a relevant post-secondary degree
• A professional in your field with an equivalent of a US bachelor’s degree
• An unskilled worker capable of performing relevant labor for your prospective job

In each of these situations, you must seek to fulfill a position for which there are no qualified workers in the US. You may be eligible for an EB-5 visa if you are a foreign investor willing to invest significant capital in a US commercial enterprise. 

The specific eligibility requirements include:

• An investment amount of a million dollars or more
• Investments that create at least 10 US jobs

The above are general requirements. These can vary depending on whether you are investing in an enterprise in a “targeted area” (a rural area or one with significant unemployment) or a regional center. The same applies to investments in struggling businesses. 

What Forms Are Required For EB-3 & EB-5 Visas?

Applying for EB-3 and EB-5 visas requires completing and submitting various forms. For EB-3 visas, your employer must complete and file Form I-140, Immigrant Petition for Alien Workers. Your employer’s form needs to also include evidence that they can pay your agreed-upon wage. 

For EB-5 visas, you will need to file multiple forms, starting with Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor. 

Additionally, you may need to file:

• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form DS-260, Application for Immigrant Visa and Alien Registration
• Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status

Unsurprisingly, determining your eligibility for an EB-3 or EB-5 visa and properly applying for either is difficult. This is why the assistance of an experienced immigration attorney, such as ours at Zenith Law Firm, can be invaluable. 

Can You Become a Permanent Resident with an EB-3 or EB-5 Visa?

Yes, with both employment-based immigration visas, you can become a permanent resident. You may also seek permanent residency for your spouse or children. Obtaining a green card requires a separate application process in which you must demonstrate that you are eligible. 

Unsurprisingly, determining your eligibility for an EB-3 or EB-5 visa and properly applying for either is difficult. This is why the assistance of an experienced immigration attorney, such as ours at Zenith Law Firm, can be invaluable. 

Difference Between EB-3 and EB-5 Visas

The EB-3 and EB-5 visas are both employment-based immigrant visas but are designed for different types of applicants and have distinct eligibility requirements.

EB-3 Visa:

• Who it’s for: Skilled workers, professionals, and unskilled workers.
• Eligibility:
  • Skilled workers with at least 2 years of experience or a relevant post-secondary degree.
  • Professionals with a U.S. bachelor’s degree or its equivalent.
  • Unskilled workers who can perform jobs with less than 2 years of experience.
• Benefits:
  • Opportunity to live and work in the U.S.
  • Eligible for permanent residency (green card) for the applicant and their immediate family.

EB-5 Visa:

• Who it’s for: Foreign investors who invest in U.S. businesses.
• Eligibility:
  • An investment of $1 million (or $500,000 in a targeted employment area).
  • The investment must create at least 10 full-time U.S. jobs.
• Benefits:
  • The ability to obtain a green card for the investor and immediate family members.
  • Can invest in a regional center or a direct business.

Understanding these differences can help you decide which visa is the best fit for your qualifications and goals.

Steps Involved in the EB-3 and EB-5 Application Process

The process for applying for both visas involves several steps:

EB-3 Visa Process:

1. Labor Certification: The employer must prove no qualified U.S. workers are available for the position.
2. Form I-140: The employer submits the Immigrant Petition for Alien Workers.
3. Form I-485: If already in the U.S., applicants can apply for adjustment of status. Otherwise, they apply through consular processing.

EB-5 Visa Process:

1. Investment: The applicant makes a qualifying investment in a U.S. business.
2. Form I-526: File the Immigrant Petition by Investor.
3. Form I-485 or DS-260: Apply for permanent residence, either from within the U.S. or through consular processing.
4. Form I-829: After two years, petition to remove conditions on residency.

Both processes require careful documentation and can take time, making the help of an experienced attorney valuable.

Common Challenges in EB-3 & EB-5 Visa Applications

While applying for either visa, applicants often encounter common challenges:

• Delays: Processing times can be long, especially in high-demand categories. Delays are common due to backlogs or additional review requirements.
• Documentation Errors: Missing or incorrect information on forms or supporting documents can lead to delays or denials.
• Investment Misunderstanding: For EB-5 applicants, there’s often confusion about the types of investments that qualify and how the funds must be allocated.