WHAT IS THE USA Eb-2 START-UP VISA?
The USA Start-up Visa Program is designed for entrepreneurs with innovative ideas who will spur economic growth. This program grants an unconditional Green Card (permanent residency status) and requires a financial commitment of at least USD 300,000.
Advantages of the USA Start-up Visa (Eb-2)
- Obtaining a Green Card (unconditional permanent residence status) in USA for the investor and family members
- Dependents included:
- Children under 21
- Right to live, work, and study in the USA
- No language requirement
- Fast processing time
- Pathway to U.S. citizenship after 5 years of residence in USA
- Start-up entrepreneur investment of
at least 300,000 USD
- Research & Development: a significant part of the investment at least 100,000 USD) must be reserved for R&D
- Research and Development must be supported by governmentally backed U.S. research facilities
- Secure the commitments of a business incubator and U.S. Agencies
- Main applicant owns 100% of the legal entity conducting the business innovation project in the U.S.
- Advanced degree: Bachelor’s degree + 5 years’ work experience in the same field
- The applicant’s work experience must include management experience
- The project must have substantial merit, be of national importance, and beneficial to the U.S.
- Main applicant must demonstrate that they are innovative entrepreneurs and well-positioned to advance the venture
- Must provide proof of lawful source of funds used for the investment.
- Submit the completed application forms and required documents
- Obtain the National Interest Waiver
- File for the immigrant visa/adjustment of status allowing the applicant and family members to get their green cards
- The application processing time varies according to the investor’s country of chargeability
- Typical processing time is within 12-16 months for countries not experiencing backlog
- Countries experiencing high EB-2 Green Cards demand are subject to a backlog delaying the processing time.
What does EB-2 stand for?
EB-2 stands for Employment Based Second Preference immigrant visa.
What is the investment/incubation amount to apply under the EB-2 SUV USA stream with Empowered Startups?
What is the benefit of the EB-2 program?
Successful applicants will lawfully obtain unconditional permanent status (green card) in USA.
Are there different categories of EB-2?
Yes, there are 3 different categories:
|EB-2 A||Individuals holding advanced degrees|
|EB-2 B||Individuals who demonstrate exceptional ability in their field|
|EB-2 C||Individuals holding a National Interest Waiver (“NIW”)
This is the SUV USA
Do I need a job offer to apply for EB-2?
The job offer (also called labor certification) is only required for the first 2 categories (EB-2 A and EB-2 B). A job offer is not required for the National Interest Waiver (“NIW”) category.
What is a National Interest Waiver?
The NIW allows the applicant to apply to the EB-2 program without having a valid job offer in USA. In other words, the NIW waives the job offer requirement.
What are the conditions to qualify under the National Interest Waiver?
To qualify, the applicant must demonstrate that 1) the project has substantial merit and national importance; 2) that the applicant is well-positioned to conduct the project; and 3) it would be beneficial to the USA to waive the requirement of a job offer.
Do I need a specific background/ business experience to apply?
Yes. The applicant must hold at least a bachelor’s degree to apply for the EB-2 SUV USA stream. On top of the bachelor’s degree, the applicant must have at least 5 years of work experience (same field as the diploma). The applicant’s work experience must include management experience.
Is there a language requirement to apply under the EB-2?
No, there is no language requirement. However, ability to communicate in English would include being well-positioned to conduct the project.
How long the investor must keep the investment in USA?
There is no minimum requirement.
The present document is intended for guidance and general information only and does not constitute or purport to provide you with legal advice. Such information is subject to changes without notice. Each case is unique and depends on the facts and circumstances of the individual and due consideration should be taken if applying the general information to your personal situation. For an evaluation of your personal circumstances one of our legal team would be happy to assist.