Abstract: My knowledge collection on US immigration: EB-1, EB-2, EB-3, EB-5

Having spent a lot of time researching and consulting with attorneys about different U.S. immigration options, I’m sharing this blog to pass along some helpful links and insights I’ve gathered. Please keep in mind that I am not an attorney, so some information may not be entirely accurate. My goal is to provide general guidance for anyone interested in starting their own journey.

Regarding work visas, I have personal experience with OPT extension and H-1B. For permanent residency (green card), I went through several processes including EB-2, EB-1B, and EB-1A I-140 petitions, as well as EB-1B and EB-3 derivative I-485 adjustments of status. I also have gathered information about EB-2 NIW, EB-5, and O-1 visas through second-hand experience.

1. EB-1B, EB-1A, EB2 NIW

If you are a PhD student with papers and citations, it is usually recommended to file for EB2-NIW as soon as you get over some citations, like 20 or 50. Although this is not enough for EB-1A, it is enough for EB2-NIW and can help you lock the priority date. Then if you can get over 500 citations, preferably over 1,000 citations, you can apply for EB-1A. Or you can wait until you graduate and have an employer sponsor you for EB-1B. Different companies have different requirements for minimum citations; usually, you need at least 150 citations to guarantee a successful EB-1B case.

If you are both a researcher and entrepreneur looking for the EB-1A route, your received funding from accelerators and VCs can be considered as grants. Even if you have ~1,000 citations, it is best to position yourself not just as a researcher, but as a research + entrepreneur combination. Please note, if you are starting your own company and want your startup to sponsor your EB-1B, it might be tricky since EB-1B requires you to be an outstanding researcher and your organization to have at least 3 other full-time employees doing research similar to your job to qualify to sponsor your EB-1B. This is usually difficult for pre-seed and seed startups.

Although EB-1A has higher requirements, it gives you more flexibility than EB-1B. For example, you can wait for AOS (Adjustment of Status) approval even when you don’t have an official job, such as while you are doing your PhD or while you are full-time exploring startup opportunities and haven’t officially started a company yet.

Since 2022, EB-1A has become increasingly popular because it has no visa bulletin backlog (no waiting time), while other routes like EB-5 require significant waiting periods. This has led to a proliferation of immigration law firms and agencies offering to help with EB-1A petitions, even for candidates who clearly don’t meet the Extraordinary Ability Green Card qualifications. These firms might claim they can ‘enhance your background,’ but such practices are illegal as they involve creating fraudulent materials. Submitting any false information in immigration applications carries severe consequences. This constitutes immigration fraud, and you will be held legally responsible if you authorize anyone to submit fabricated materials on your behalf.

2. EB2 & EB3

EB-2 and EB-3 are the most common paths for foreigners to get their green cards. While I am not an expert on this, my only suggestion is to start your green card application as soon as possible. The EB-2/EB-3 I-140 process has no relationship with your H-1B status. I started my first job in 2018, but my H-1B received an RFE (Request for Evidence). Although my former employer supported day-one green card applications at that time, I didn’t start the PERM process because I thought I needed to wait for my H-1B approval. It was my manager at the time who reminded me to start my EB-2 green card process. Otherwise, my priority date would have been even later.

3. EB5 Immigrant Investor Program

Securing a successful EB-5 case requires selecting a reliable immigration attorney and support team. Your attorney plays a crucial role in identifying promising investment projects and must work effectively with a CPA to verify the legitimacy of your funds.

Unfortunately, some attorneys engage in questionable practices. These may include accepting undisclosed kickbacks from investment programs with poor returns or even fraudulent schemes (such as the EB-5 Jay Peak case). Others cut corners by avoiding collaboration with qualified CPAs for fund verification, prioritizing their own profits over proper documentation. In some cases, attorneys have even falsified documents without their clients’ knowledge.

Before signing an agreement with an EB-5 immigration attorney, conduct thorough due diligence. Research whether the attorney has faced any lawsuits from clients or government agencies for immigration fraud. Be aware that some attorneys continue to accept clients and submit applications to USCIS even after being investigated by USCIS or the FBI. Having such representation could seriously jeopardize your case.

I personally provide a list of EB5 fraud related information here for your reference

3.1 Immigration Fraud Reporting Channels/ Federal Agencies

The list of all EB5 related litigations are listed here on the EB5 projects website.

  1. Justin Moongyu Lee (LA, CA)
  2. Hui Feng (Flushing, NY)
    • Charged with operating as unregistered broker and failing to disclose EB-5 commissions
    • SEC Litigation Release
  3. Steve Qi (Arcadia, CA)
    • Undisclosed transaction compensation for EB-5 investments
    • Barred from practicing before SEC
    • SEC Litigation Release
  4. Jennifer Yang & Daniel Wu (Palo Alto, CA)
    • Sentenced to prison (46 and 24 months respectively)
    • $5.9 million restitution ordered
    • Official News
  5. Jianming Shen (Glen Cove, NY)
    • Sued by clients for taking kick back from EB5 biggest ponzi schema Jay Peak program
    • Sued by clients for submitting fabricated source of funds without client’s knowledge
  6. Jean Danhong Chen (Atherton, CA)