Different EB Visas Explained: Which Option May Be Right for You?
If you are looking to potentially obtain a U.S. green card, you may have more options than you think. While the traditional routes, such as H-1B and F1 visas, are good options, they come with several challenges, including the potential for decades-long wait times. For this reason, you may be interested in exploring employment-based (EB) visas. There are five different types of EB visas, and each comes with its own set of requirements.
So, what makes the several EB visa types—from EB1 to EB5—different? The types of EB visas are a cornerstone of the U.S. immigration system, designed to attract skilled professionals, investors, and specialized workers who contribute to the country’s economy and diversity. Primarily to support employment-based immigration, the EB visa program focuses on both immediate labor needs and long-term national interests. Each year, the U.S. government offers about 140,000, split between the five different types.
Understanding the different types of EB visas is essential for anyone considering employment or investment-based immigration to the U.S. Because each is tailored to unique groups of individuals, finding the pathway that most aligns with your skills, career, and long-term goals can help ensure a smooth visa process.
This is where Peachtree Group comes into play. Our team has spent more than 40 years helping clients potentially obtain green cards through investment. Our experience with the EB5 visa system has seen us manage over $2.0 billion in transactions, helping thousands of investors navigate the complex immigration system to find the right pathway to permanent residency. In this comprehensive guide, we’ll explain the five different EB visa types and why they may be right for you.
What Are EB Visas?
Before we go in-depth on each of the five types of EB visas, let’s first discuss the purpose of the EB visa types. These employment-based immigration programs provide a vital way for workers and investors to secure a permanent future in the United States while contributing to its economic growth and global competitiveness. An EB visa allows individuals the chance to leverage their unique qualifications to achieve their immigration goals.
For professionals looking to further their careers, the EB 1-4 visa categories can open doors to industries such as healthcare, technology, and academia. For investors, the EB-5 route offers the ability to turn a financial contribution in a U.S. business into permanent residency.
So, which path is right for your career and financial aspirations? Here's a quick breakdown of the five EB visa types.
EB-1: Extraordinary Ability, Outstanding Professors, Researchers, and Multinational Executives. 40,000 visas per year.
EB-2: Advanced Degrees or Exceptional Ability. 40,000 visas per year.
EB-3: Skilled Workers or Other Professionals. 40,000 visas per year.
EB-4: Translators and Religious Workers. 10,000 visas per year.
EB-5: Investent-based Immigration. 10,000 visas per year.
The EB1 Visa, Explained
The EB-1 visa, often referred to as the “first preference” category in the U.S. employment-based immigration system, is designed for individuals who have achieved exceptional success or possess extraordinary qualifications in their field. This visa category caters to three primary groups:
- Individuals with extraordinary ability (EB-1A)
- Outstanding professors or researchers (EB-1B), and
- Multinational executives or managers (EB-1C).
How Is Eligibility Determined?
For those looking for an EB-1A visa, they must demonstrate sustained national or international acclaim in their field, such as science, arts, education, business, or athletics. In other words, you have to prove that you’ve risen to the top of your field. Individuals in this category can self-petition, eliminating the need for a job offer.
For EB-1B visas, applicants must have at least three years of experience and be recognized internationally for their academic achievements. Additionally, you will need to have a job offer from a U.S. institution to teach or research.
Finally, EB-1C visas require that applicants have worked for at least one year within three years as a manager or executive at a top organization. Those who are transferring to a U.S. branch of the organization are eligible for this visa.
What Are the Benefits?
Compared to other employment-based immigration routes, the EB-1 visa comes with several benefits. One of the biggest is the potential for shorter wait times, as the category is not subject to the same backlogs as an H-1B for example. Your timeline could also be expedited further by EB-1 visas not requiring Department of Labor-issued certifications.
EB-2 Visas: What Makes Them Different?
The second preference category is reserved for individuals who bring advanced expertise or exceptional abilities to the U.S., particularly in fields like sciences, healthcare, and technology. It is important to note that in certain cases, those with EB-1 visas could switch to an EB-2. With this said, though, the EB-2 type of EB visa is not for executives or professors.
Determining Eligibility
Applicants for this type of EB visa must possess an advanced degree, such as a master’s or PhD. Candidates must demonstrate a level of expertise significantly above what is ordinarily encountered in their field. This can be proven through awards, certifications, or membership in professional associations. Additionally, you must be able to provide documentation from your employer(s) that proves at least ten years of experience in your field. A job offer from a U.S. employer is typically required, but there are exceptions.
Individuals whose work is deemed to be of substantial benefit to the U.S. can self-petition without needing a job offer. This is done through a National Interest Waiver (NIW). For scientists, entrepreneurs, and other professionals, this type of EB visa is particularly attractive.
Benefits of EB-2 Visas
For individuals who have strong qualifications in their field, the EB-2 visa offers the advantage of being accessible. Those currently holding an EB-1 visa may consider transferring to an EB-2 if their circumstances change or if they seek a broader eligibility framework. For instance, professionals who no longer meet the "extraordinary ability" threshold could qualify under "exceptional ability" or the advanced degree criteria.
The added benefit of the NIW option also helps certain immigrants expedite the process of earning employment-based immigration status. Like the EB-1 visa, the EB-2 can provide a more balanced pathway to permanent residency or full-time U.S. citizenship for highly skilled individuals.
The EB-3 Visa: For Skilled Workers and Professionals
So, what is the difference when comparing EB-1 vs. EB-2 vs. EB-3? While the three may sound similar, this EB visa type appeals to those who may not qualify for the higher thresholds of EB-1 or EB-2 but still possess valuable abilities sought by U.S. employers. EB-3 visas offer a broad range of opportunities, as they include skilled workers and professionals and even unskilled workers in industries where demand for jobs is still high.
What Makes an Applicant Eligible?
Let’s start with skilled workers. In this category, jobs could include computer scientists, journalists, or graphic designers. Applicants must have at least two years of training or experience, which could be satisfied by post-secondary education. On top of this, you must have a full-time offer for a U.S. job and complete a Department of Labor Form ETA-9089 to certify your status.
When we consider professionals, the requirements are similar. Candidates must hold at least a U.S. bachelor’s degree (or a foreign equivalent) required for the position. A major difference is that they must also demonstrate that no qualified U.S. workers are available for the specific role.
Finally, for “other workers” or unskilled workers, you must demonstrate the ability to perform work for which qualified U.S. workers are unavailable. This typically requires less than two years of training or experience, but it is important to note that wait times could be longer for this group due to bigger backlogs.
Understanding “Skilled vs. Unskilled”
The primary difference lies in the job requirements. Skilled workers require specific training or experience, often making their roles more specialized. In contrast, unskilled workers fill essential positions that do not demand formal training, such as roles in agriculture or hospitality.
EB-4: A Path for Those Not Eligible for EB Visas 1-3
The final employment-based immigration route for those considering EB visas is the EB-4. This EB visa type is a specialized pathway to permanent residency for individuals who fall into unique employment-based classifications. The fourth preference category provides valuable opportunities for those who may not fit into the three categories of EB-1 vs. EB-2 vs. EB-3 to still take control of their U.S. future.
Who Is Eligible?
This category supports “special immigrants” who fall into a few different job categories: religious workers, translators, broadcasters, and certain members of the U.S. government or armed forces who currently reside abroad.
What Is the Benefit?
The EB-4 visa provides an essential pathway for individuals whose roles contribute to the U.S. in non-traditional yet vital ways, such as promoting religious freedom, supporting international diplomacy, or aiding national security.
EB-5: Investment-Based Immigration
Unlike the four options above, which are focused on employment-based immigration, EB-5 is centered around investment-based immigration. This type of EB visa is perfect for those who want to combine their entrepreneurial ambitions with the chance to obtain a U.S. green card. Since the program is designed to stimulate economic and job growth in the country, there are a few requirements that investors must meet:
- Investment Totals: Applicants must invest a minimum of $1,050,000 over two years in a new commercial enterprise. If the investment is in a targeted employment area (TEA)—a rural area or one with high unemployment—the minimum investment is reduced to $800,000. While the initial price tag may seem high, investors may be able to recoup the full amount depending on the business project they invest in.
- Job Creation: Each investor is required to create or preserve at least 10 full-time jobs for qualifying U.S. workers. For example, if you invested in one of Peachtree Group's EB-5 projects, your money would go towards generating and supporting new positions for construction and operations staff.
- Background Check: Finally, every EB-5 visa holder must pass a U.S. background check to ensure they have no criminal record.
The Benefits of EB-5 Visas
To qualify for this EB visa type, no previous business or educational experience is required. Anybody who meets the investment and job creation requirements can apply. And while conditional residency is granted for the first two years until you prove the value of your investments, you can treat this very much like having a green card. You’ll be able to live, work, or travel anywhere in the U.S.
Another big benefit of this type of EB visa is that your immediate spouse and any unmarried children under the age of 21 will be eligible as well. This provides you and your family with direct routes to U.S. green cards. You are also not required to have a full-time job offer or corporate sponsor, giving you more freedom and flexibility throughout your immigration process.
At Peachtree Group, our projects help you streamline this process. Our advisors provide expert guidance at every step, helping you through your initial investment and providing all relevant information about our projects and how investors are creating jobs. Plus, our global hotel partners allow you to invest in world-renowned brands such as Marriott, Hilton, and IHG. Want to learn more about how we can help you potentially earn your green card? Visit our website or fill out our contact form and we’ll get back with you right away.
Frequently Asked Questions
What is the difference between the EB visa types?
There are five different types of EB visas. EB visas 1-4 are employment-based immigration visas, while EB-5offers a route for investment-based immigration.
What type of EB visa is right for me?
Choosing the right EB visa type comes down to several factors, including your career, level of education, and job experience. EB-5 visas are available to all who meet certain investment and job creation criteria.
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Navigating the immigration process can be overwhelming, especially for international students and professionals looking to secure their future in the United States. Lance Lee, the Director of Asia-Pacific EB-5 for Peachtree Group, shares his personal journey of coming to the U.S. as an international student, facing the challenges of obtaining a green card, and ultimately using the EB-5 program to secure his future. This is his story of perseverance, career transformation, and the profound impact that obtaining U.S. citizenship has had on his life and family.
Lance Lee's EB-5 Journey: From Student to U.S. Citizen
Lance Lee’s immigration journey began in 2008 when he arrived in the U.S. as an international student, facing the challenges of securing a job during a tough economic time. With his work visa options limited, Lance’s parents urged him to consider how long it might take to obtain a green card, and the answer wasn’t promising. Many of his friends faced decade-long waits for permanent residency. It was his mother’s practical advice “Time is money” that led him to explore alternatives. In 2011, Lance invested in the EB-5 Immigrant Investor Program, and just eight and a half months later, he received his green card. By 2015, his investment was returned, and he had successfully built his American family, becoming a U.S. citizen with two children born in the U.S.
Lance’s decision to apply for an EB-5 visa instead of relying on traditional student and H1-B work visas was fueled by the realities of the long wait for green cards, especially for applicants from China and India. After graduating in 2010, Lance was left with the daunting prospect of being tied to one employer for years under the H1-B system while waiting for a green card. The EB-5 program provided a faster and more secure path to permanent residency, allowing Lance the freedom to pursue a career that matched his passions, without the restrictions of a work visa.
One of the key reasons Lance turned to EB-5 was the limitations of H1-B visas, which often left workers vulnerable to sudden job loss. He shared stories of friends who, while traveling abroad, were caught off guard by emails informing them of their layoff, leaving them with just 60 days to find a new job or face losing their visa status. With EB-5, Lance was able to bypass these concerns, enabling him to make career decisions with confidence and travel freely without the constant anxiety that comes with the limitations of temporary work visas.
Lance’s journey also taught him valuable lessons about the EB-5 process, and he offers key tips for prospective investors. He emphasizes the importance of partnering with a reputable immigration attorney and recommends visiting the regional center before investing, to establish trust and gain a better understanding of the project. He breaks the EB-5 process into three stages: obtaining a temporary green card, securing the permanent green card, and finally receiving the investment back. For each stage, Lance stresses the importance of being patient and informed, ensuring that the investment meets job creation requirements and understanding how to eventually retrieve the invested funds.
Looking back, Lance reflects on the significant impact the EB-5 program has had on his life and his family’s future. Living in Kuala Lumpur, Lance and his family enjoy the flexibility of being U.S. citizens while gaining valuable cultural exposure in Asia. His children have had the opportunity to travel and learn from different cultures—experiences that wouldn’t have been possible if he had been stuck in a decade-long wait for a green card. Lance’s journey highlights the freedom that comes with making timely decisions and choosing the right path for both personal and professional growth. “Time is money,” he concludes, echoing his mother’s wisdom, as his decision to pursue the EB-5 program allowed him to shape the life he and his family now enjoy.
Interested in an EB-5 Visa? For More Information, Visit Us Online → peachtreegroup.com/eb-5
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EB-5 Concurrent Filing: How Investors Can Adjust Status While Remaining in the U.S.
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For current and prospective U.S.immigrants, the EB-5 Reform and Integrity Act of 2022 (RIA) changed the game. This legislation has transformed the way investors can navigate the process of potentially obtaining a U.S. green card, primarily through EB-5 concurrent adjustment of status filing. Concurrent filing means investors now have the ability to file their I-526E (EB-5 Immigrant Petition) and I-485 (Application to Adjust Status) forms at the same time.This makes the EB-5 program more accessible than ever for those who are already in the U.S. In this article, we’ll explain the meaning of concurrent filing, how the process works, and the potential benefits investors can enjoy.
EB-5 Concurrent Filing: What It Means for Investors
So, what does EB-5 concurrent filing mean? And how might it impact you as an investor? The short answer is that prior to the legislation that was passed in March of 2022, EB-5 investors had to wait for their Form I-526 (pre-RIA) to be approved before filing Form I-485 to adjust their status to that of a lawful permanent resident. Often, this resulted in lengthy wait times, especially for individuals already residing in the United States under valid non immigrant visas like H-1B, E2 or F-1. Now, the ability to concurrently file I-526E (postRIA) and I-485 forms has radically changed this process.
Through concurrent filing, prospective investors can potentially bypass this waiting period and potentially obtain their conditional green card faster. To qualify for concurrent filing, investors must meet a couple of key requirements:
· They must already be physically present in the U.S. under a valid nonimmigrant visa status.
· A visa number must be immediately available for their category, which can be confirmed by checking the U.S. Department of State’s Visa Bulletin.
This approach can save time and also allow investors to apply for Employment Authorization Documents (EAD) and Advance Parole (travel authorization) while their applications are pending. As a result, investors can continue working, studying, or managing businesses in the U.S. without disruptions, making concurrent filing a pivotal advancement for the EB-5program. So, how does the process work?
The Concurrent Filing Process
EB-5 concurrent filing allows investors a different approach to their immigration journey. Understanding the steps is crucial to ensuring an efficient process where requirements are met.
Step 1: File Your I-526 Form
The process for concurrent filing begins with the submission of an I-526E form. This form demonstrates the investor’s commitment to a qualifying EB-5 project and compliance with program regulations. Key documents include proof of the investment amount, evidence of lawful source of funds, and details about the job creation potential of the project.
You’ll also want to keep in mind the fees that come with filing an I-526E form. In 2025 the filing fee is about $12,160.
Step 2: Apply for the Current I-485 Form Simultaneously
While submitting your I-526E, you’ll want to concurrently file your I-485 form, too. Concurrent filing means you can submit your application to adjust your status at the same time as your I-526E form. Required documentation includes proof of lawful entry, evidence of valid nonimmigrant status, and supporting materials for eligibility, such as medical examination results. One potential supporting form you may want to consider is an I-693, Report of Immigration Medical Examination and Vaccination Record.
In 2025, the I-485 form has a filing fee of $1,440 and a biometrics fee of $85.
Step 3: Apply for EAD and Advance Parole
When you concurrently file your I-485 and I-526E forms, you may at the same time file forms for permission to work and permission to travel—called an Employment Authorization Document (EAD) or advance parole. These forms, if approved, enable the investor to work and travel with unlimited entry in and out of the U.S. while their green card application is pending, essentially granting the same benefits as a green card. Investors typically don’t have to wait too long for this, as approval tends to be granted within three months of filing.
The Benefits of EB-5 ConcurrentFiling
By allowing investors to simultaneously submit key immigration forms, concurrent filing has meant a lot to EB-5investors. From work and travel authorization to a streamlined process, concurrent filing presents several benefits:
- You can remain in the U.S. while awaiting approval: Before 2022, EB-5 investors had to maintain valid nonimmigrant visa status or risk leaving the U.S. during the lengthy green card process. Concurrent filing eliminates this challenge by allowing investors to remain in the country legally while their adjustment of status application is under review.
- Concurrent filing potential reduces waiting times: Concurrent filing means investors can start the adjustment process immediately, rather than waiting for the approval of their I-526E form. For individuals from countries without visa backlogs, this can mean a faster route to obtaining permanent residency.
- A streamlined path to permanent residency: Investors can enjoy more peace of mind during the process, as they can maintain their lives and careers in the U.S. without disruption.
At Peachtree Group, our team has collectively spent decades helping investors like you obtain their green cards through EB-5 investing. Connect with our team to learn more about your options for EB- 5 investing, concurrent filing and access to immigration attorneys that have experience representing investors who petition concurrent filing.
FAQs
What does concurrent filing mean?
Concurrent filing allows prospective EB-5 investors to simultaneously file their I-526E and I-485 forms. This may limit wait times and allows investors to remain working in the U.S. while awaiting their status.
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Understanding Your EB-5 Request for Evidence (RFE)
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If you've recently submitted your EB-5 petition and received a Request for Evidence (RFE), you're not alone. In fact, according to immigration experts, it would be unusual for a petition to be approved without receiving a single RFE. Let's break down what this means for your EB-5 journey and how to handle it effectively.
What is a Request for Evidence?
Put simply, an RFE is just a question. When USCIS reviews your petition, they may need additional information or clarification about certain aspects of your submission. This request for initial evidence, or RFE, is their way of asking those questions and gathering the information they need to decide on your case.
RFEs are issued for various types of immigration petitions, including:
· Regional center designation applications
· Project petitions (Form I-956F)
· Individual investor petitions (Form I-526-E)
Is an RFE a Good Sign?
Receiving an RFE can actually be positive news for two key reasons:
· It means USCIS has actively reviewed your petition
· The process is moving forward
While the substance of the RFE will ultimately determine whether it presents any serious concerns, the mere fact that you've received one indicates your case is being processed. This forward movement is generally good news for petitioners.
Common Types of RFEs
RFEs can vary widely in their substance and complexity. Some common scenarios include:
· Simple documentation requests where USCIS may have trouble locating specific evidence within your submitted materials
· Questions about connecting different parts of your petition and exhibits
· Requests for clarification about your background (for individual investor petitions)
· Inquiries about project documentation (for regional center petitions)
Response Timeframes and Deadlines
When you receive an RFE, you have exactly 87 calendar days from the date of issuance to submit your response. This is a strict deadline, and it's crucial to ensure your response is received by USCIS before the 87th day.
How Long Does USCIS Take to Respond to an RFE?
There is no prescribed timeline for USCIS to review and adjudicate your RFE response. Processing times can vary significantly. Some petitions are approved within a week of submitting the RFE response, while others may take considerably longer, especially for complex cases.
The timeline often depends on the nature of the questions asked. For instance, if the RFE simply requests proof of a biometrics appointment, there view might be quick. However, if it involves complex questions about the source of funds or foreign earnings, the review process may take longer.
How Do I Know if USCIS Received My RFE Response?
Unlike initial petition filings, USCIS does not issue a receipt notice for RFE responses. To confirm receipt:
· Keep proof of delivery from your shipping service (FedEx, UPS, or USPS)
· Track your package using the courier's tracking system
· Maintain copies of all submitted documentation
What Happens After You Respond?
After submitting your RFE response, several outcomes are possible:
· Approval of your petition
· 2 Another RFE if new questions arise
· A Notice of Intent to Deny (NOID) if USCIS is unsatisfied withyour response
If you receive a NOID, you'll have a shorter timeframe to respond and provide evidence that addresses USCIS's concerns. Failure to respond by the deadline will result in petition denial.
Tips for Success
1. Submit Complete Documentation Initially
The more thorough your initial petition, the better chance of avoiding or minimizing RFEs.
2. Organize Your Response Carefully
Make it easy for USCIS to locate and review the requested information.
3. Meet All Deadlines
Calendar the 87-day deadline immediately and plan to submit well before it.
4. Keep Proof of Submission
Maintain detailed records of when and how you submitted your response.
Taking the Next Step
While receiving a RFE might feel daunting, remember that it's a normal part of the EB-5 process. The key is to respond thoroughly and promptly while understanding that this step means your petition is actively being reviewed. Working with experienced immigration professionals can help ensure you provide USCIS with exactly what they need to move your case forward successfully.
Given the complexity of immigration law and investment requirements, it's wise to work with qualified immigration attorneys and investment advisors who can guide you through the process and ensure you meet all program requirements. They can help you understand the nuances of your specific situation and maximize your chances of success.
The EB-5 team at Peachtree Group has more than 40 years of industry experience in EB-5 . Have questions about EB-5, visit our website or contact us for more information.