What is the investment amount to apply under the EB-2 SUV USA stream with Empowered Startups?
The investment amount under the EB-2 SUV USA stream with Empowered Startups is USD 250,000.
What is the benefit of the EB-2 program?
Yes, there are three categories: EB-2 A for individuals holding advanced degrees, EB-2 B for individuals who demonstrate exceptional ability in their field, and EB-2 C for individuals holding a National Interest Waiver (NIW). The SUV USA stream falls under EB-2 C.
Do I need a job offer to apply for the EB-2 SUV USA program?
A job offer (also called labor certification) is only required for the first two categories, EB-2 A and EB-2 B. A job offer is not required for the National Interest Waiver category.
What is a National Interest Waiver under the EB-2 program?
The NIW allows the applicant to apply for the EB-2 program without having a valid job offer in the USA. The NIW waives the job offer requirement.
What are the conditions to qualify under the EB-2 National Interest Waiver?
To qualify, the applicant must demonstrate that the project has substantial merit and national importance, that the applicant is well-positioned to conduct the project, and that it would be beneficial to the USA to waive the requirement of a job offer.
What is an I-140 in the EB-2 SUV USA application?
The I-140 is the name of the form an applicant must submit when filing the EB-2 application.
Is there a language requirement to apply for the EB-2 SUV USA program?
There is no formal language requirement. However, the ability to communicate in English is considered part of being well-positioned to conduct the project.
Do I need a specific background or business experience to apply for the EB-2 SUV USA?
Yes. The applicant must hold at least a bachelor's degree and have at least 5 years of work experience in the same field as the diploma. The work experience must include management experience.
What kind of industry or sector is suggested for the EB-2 SUV USA program?
The industry or sector is not restricted as long as it is in line with the applicant's diploma and work experience. Applicants may develop innovative business ideas in sectors such as information, technology, healthcare, finance, communication, energy, utilities, and real estate. This list is non-exhaustive.
Can I apply for the EB-2 SUV USA without a business incubator?
USCIS will consider the applicant's skills, knowledge, and business track record to determine if they can successfully conduct the intended innovative business in the USA. The ability to communicate in English is also considered part of being well-positioned to conduct the project.
Do I need to travel or reside in the USA as part of the EB-2 SUV USA application process?
No. The applicant is only required to travel to the USA after the approval of the application.
Do I need to prove the source and path of my investment funds for the EB-2 SUV USA program?
Yes. The source and path of the funds must be evidenced.
What is included in the USD 250,000 investment under the EB-2 SUV USA program?
The USD 250,000 investment is broken down as follows: USD 250,000 for the incubation fee, USD 50,000 for the R&D fee and capitalization.
Will the applicant receive the full investment back if the EB-2 SUV USA application is refused?
Yes. The applicant will receive the full USD 250,000 investment back.
Are the funds invested before or after filing the EB-2 SUV USA application?
The funds are not invested before submission. The funds must be transferred to an escrow account and stay committed to the project during the adjudication of the application.
How long must the investor keep the investment in the USA under the EB-2 SUV USA program?
There is no minimum requirement.
What percentage of shares will Empowered Startups take in the venture?
Empowered Startups will not take any equity or shares in the venture. The main applicant will own 100% of the venture.
What happens if the EB-2 SUV USA project files for bankruptcy?
Bankruptcy does not affect the applicant's green card (permanent status) in the USA.
Where will the incubation take place under the EB-2 SUV USA program?
At the Empowered Startups US office, located in Pullman, Washington State.
Where is the R&D facility located for the EB-2 SUV USA program?
At Washington State University and at the University of Idaho.
How long is the incubation term for the EB-2 SUV USA program?
The incubation term for the EB-2 Visa is 12 months.
How long will it take to secure the support letters from Empowered Startups and US Agencies?
It takes 4 to 6 weeks.
What is the processing time from submission to approval of the EB-2 SUV USA application?
10 to 12 months on average. With Premium Processing service (USD 2,500 paid to USCIS), the response time is reduced to 45 days.
What is the processing time to get the Green Card after EB-2 SUV USA approval?
Approximately 6 months on average from the approval of the I-140 application for countries not subject to retrogression or backlog. For countries experiencing retrogression, refer to the latest Visa Bulletin and its updated EB-2 immigrant visa table.
If I am already living in the USA, must I return to my country of origin to obtain my EB-2 green card?
No. In such cases, the applicant may be eligible for an adjustment of status in the US and will not need to return to their country of origin.
Is there a retrogression or backlog to obtain the green card under the EB-2 program?
Yes, it may be subject to retrogression. At this time, retrogression is only applicable to applicants born in India and Mainland China.
Do I need a legalized or notarized translation for foreign language supporting documents?
No. Legalization or notarization of translations is not required. A certified translation by a licensed translator will suffice.
What is the government fee to file the EB-2 SUV USA application?
The filing fee for the I-140 petition is USD 700.
Who are considered dependents under the EB-2 program?
Spouse and children under 21 years old.
Can I file the EB-2 application if my dependent child is aged 20 years old?
Yes. The filing locks the age of the dependent child. Even if the application is approved after the child has turned 21, the child will still qualify. What counts is the age of the child at the time of submission.
After receiving my EB-2 green card, can I sponsor my parents?
No. Only US citizens are entitled to file sponsorship applications for their parents.
Is a common-law partner or same-sex marriage accepted under the EB-2 program?
Same-sex marriage is accepted. A common-law partner cannot apply as a dependent under the EB-2. Only legally married spouses are considered as dependents.
If my spouse is not included as a dependent in my EB-2 application, do I need their authorization to include our children?
Yes. A consent letter from the parent who is not included in the application must be provided.
What is the validity of the EB-2 green card?
The validity of the EB-2 green card is 10 years.
Is the EB-2 green card a conditional green card?
No. The EB-2 green card is unconditional.
Is there a residency requirement under the EB-2 program?
US law does not set a specific number of days to be spent per year in the USA to maintain the green card. However, a green card is granted to individuals who want to live and set their main residence in the USA.
What does "main residence" mean under the EB-2 program?
The main residence is defined as the place where someone usually lives and spends most of their time. It is therefore advisable to spend 6 months per year in the USA to maintain the green card.
Can I stay outside the USA for more than 1 year as an EB-2 green card holder?
Yes. However, the applicant must apply for a Re-entry Permit prior to exiting the USA.
Can EB-2 green card holders work and study in the USA?
Yes. EB-2 green card holders can live, work, and study for life in the USA.
Can an EB-2 green card holder apply for US citizenship?
Yes. A green card holder can apply for US citizenship after 5 years of residence in the USA, by spending over 2.5 years of those 5 years in the US with no absences of more than 6 months.
