United States EB-2 Visa

The investment amount under the EB-2 SUV USA stream with Empowered Startups is USD 250,000.

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.

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.

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.

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.

The I-140 is the name of the form an applicant must submit when filing the EB-2 application.

There is no formal language requirement. However, the ability to communicate in English is considered part of being well-positioned to conduct the project.

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.

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.

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.

No. The applicant is only required to travel to the USA after the approval of the application.

Yes. The source and path of the funds must be evidenced.

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.

Yes. The applicant will receive the full USD 250,000 investment back.

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.

There is no minimum requirement.

Empowered Startups will not take any equity or shares in the venture. The main applicant will own 100% of the venture.

Bankruptcy does not affect the applicant's green card (permanent status) in the USA.

At the Empowered Startups US office, located in Pullman, Washington State.

At Washington State University and at the University of Idaho.

The incubation term for the EB-2 Visa is 12 months.

It takes 4 to 6 weeks.

10 to 12 months on average. With Premium Processing service (USD 2,500 paid to USCIS), the response time is reduced to 45 days.

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.

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.

Yes, it may be subject to retrogression. At this time, retrogression is only applicable to applicants born in India and Mainland China.

No. Legalization or notarization of translations is not required. A certified translation by a licensed translator will suffice.

The filing fee for the I-140 petition is USD 700.

Spouse and children under 21 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.

No. Only US citizens are entitled to file sponsorship applications for their parents.

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.

Yes. A consent letter from the parent who is not included in the application must be provided.

The validity of the EB-2 green card is 10 years.

No. The EB-2 green card is unconditional.

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.

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.

Yes. However, the applicant must apply for a Re-entry Permit prior to exiting the USA.

Yes. EB-2 green card holders can live, work, and study for life in the USA.

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.