U.S.: Employment-based categories & changes in EB-5

Each fiscal year, about 140,000 immigrant visas are available for aliens (including their spouses and children) that are seeking U.S. immigration status based on their job skills.

5 employment-based immigrant visa preferences (categories) include –

Preferences (Categories)	General Description
First Preference EB-1	For people with extraordinary ability in education, science, business, athletics, or arts; outstanding professors and researchers; and multinational managers and executives.
Second Preference EB-2	For persons that are members of the professions holding advanced degrees or for those with exceptional ability in science, business, or arts.
Third Preference EB-3	For skilled workers, professionals, and other workers.
Fourth Preference EB-4	For “special immigrants”, such as specific religious workers, alien minors being wards of court in the U.S., retired employees of international organizations, U.S. foreign service employees, and other aliens.
Fifth Preference EB-5	For business investors that invest USD 1 million or USD 500,000 (if the investment is in a targeted employment area) in any new commercial enterprise that will be providing employment to a minimum of 10 full-time U.S. workers.

As per the new rule [84 FR 35750] that was published on July 24, 2019, the Department of Homeland Security has made several changes to the EB-5 Immigrant Investor Program. These changes will come into effect on November 21, 2019.

Changes in the EB-5 program

Modernizing the EB-5 program, the new rule makes the following changes –

Priority Date Retention

Giving the facility of priority date retention to specific EB-5 investors.

By “priority date retention” is meant a situation wherein certain immigrant investors are allowed to keep the priority date of any previously approved EB-5 application at the time of filing a new petition.

Increase in the minimum investment required

The required standard minimum investment has been increased to USD 1.8 million (from the existing USD 1 million) to account for inflation.

The minimum investment in a Targeted Employment Area (TEA) increased to USD 900,000 (from the existing USD 500,000).

In future as well, adjustments to be made in view of inflation and will occur once every 5 years.

Reforming certain TEA designations

There will now be a direct review and determination of designations of high unemployment TEAs.

Specifically designated high-unemployment TEAs will now comprise a combination of census tracts.

TEAs can now include towns and cities with a population of 20,000 or more outside of the metropolitan statistical areas, provided that they have registered an average unemployment rate of at least 150% of the U.S. unemployment rate.

These changes in the TEA designation will help direct investment get to areas that are most in need and also for increasing the consistency of the definition of high-unemployment areas in the program.

Clarification of USCIS procedures for removal of certain conditions on PR

This lays down as to when derivative family members (that is, a spouse or children whose immigration status is determined by the status of a primary health pensioner) that are lawful permanent residents are needed to independently file for the removal of conditions on their permanent residence.

Flexibility is given in interview locations.

Regulations updated to reflect the current process for issuing Green Cards (permanent resident cards).

In addition to the above-mentioned changes, certain other technical and conforming revisions are also proposed.

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