EB-4 and EB-5 Visa Requirements

Obtaining an EB-4 or EB-5 Visa

EB-4 – For Religious Workers

  1. Ministers of Religion
    • Authorized by the denomination to conduct religious worship and to perform other duties typical of clergy of that religion.
  2. Professionals employed in a Religious Vocation or Occupation
    • Applicant must be coming at the request of the organization.
    • An activity that requires at the minimum a US baccalaureate or the foreign equivalent, such as religious teaching and scholarship.
  3. Others working in a Religious Vocation or Occupation
    • Applicant must be coming at the request of the organization.
    • Includes nuns and monks, but not janitors or clerks.

No labor certification is required.

The applicant, for at least 2 years immediately before filing, must have been a member of a religious denomination having a bona fide non-profit, religious organization in the U.S. and must have been performing the ministry, vocation, professional work, or other work continuously during that period.

EB-5 – Entrepreneur Visa or the “Million-Dollar” Visa

This category is for investments of $1 million in new commercial enterprises. The applicant must invest or be in the process of investing capital of at least $1 million (or $500,000 if the enterprise is located in a rural or high-unemployment area) in a U.S. enterprise that will create at least 10 full-time jobs for US employees (five employees in a rural or high-unemployment area). A qualifying business may include buying and restructuring an existing business, expanding an existing business by 40%, or investing in a troubled business and maintaining the level of employees. However, simply investing in an ongoing business that employs 10 people does not qualify.

The investor must be involved in the management of the business. Investment in the enterprise need not be limited to one foreign national investor as long as at least 10 jobs are created for each foreign national investor.

Pilot Program – the investment is made in an approved regional center. The investment amount is the same, but creating 10 new jobs is not a requirement.

Residency of the investor and the accompanying spouse and children is conditional for 2 years. Toward the end of the 2 years, an application may be submitted to remove the condition.