In this presentation, immigration attorney Kelly Decsy explains the various U.S. permanent residency (green card) pathways, detailing the eligibility criteria, application processes, and practical considerations for each. She begins with the EB-1A (self‑petitioned green card derived from the O‑1 visa) and emphasizes that only three of ten criteria are needed, though more strengthen the case. Decsy clarifies that spouses and minor children must be legally married to the applicant and can be included in any green‑card petition. She then outlines the employment‑based categories: EB‑1B for researchers and professors, EB‑1C for foreign executives/managers (employer‑sponsored), EB‑2 (PERM labor certification) requiring a bachelor's degree and employer sponsorship, EB‑2 National Interest Waiver (NIW) which waives the labor certification for applicants who can demonstrate benefit to the United States, and EB‑2 Schedule A Group 2 for occupations with pre‑identified labor shortages. The EB‑3 category is described as requiring a master’s degree or its equivalent. Decsy notes the severe backlogs for applicants from India and China, explaining that the volume of applications overwhelms the processing centers. She then covers the EB‑5 investor visa, stating the $500,000–$1 million investment requirement, the need to create at least ten full‑time U.S. jobs, and restrictions on the type of investment (real‑estate alone is insufficient). Practical advice follows: disclose all marital status, criminal history, and financial information; keep documentation clear and transparent; and be prepared for emerging issues such as cryptocurrency holdings, which may lack established guidance. Decsy encourages prospective applicants to provide comprehensive personal details to enable accurate assessment of the best visa option.
Chapters
Permanent residency, the end goal. Yay! Okay. USA, right? Okay. So this is commonly called green cards. It's really permanent residency here in the United States. And there is so, so, so many options. Okay. So the O-1 visa structure, this is going to be the green card that stems out of that one. It's the EB-1A. Again, it is very much structured like the O-1 where there's different criteria. You don't have to hit all the criteria to get granted for the O-1 or the EB-1A. So you technically only need them to approve 3 out of the 10 criteria to get the green card. Obviously, the more criteria you have, the better. It's going to make a better application. It's going to make you look better. It's going to make them stamp it that much easier. But technically, you only need 3 out of the 10. Also, people like this green card because it's not based on a job offer or an employer. You self-petition this green card.
Okay.
Okay.
Spouse?
Every single green card, your spouse have to actually be married. None of this, oh, we've been dating. We've married together for the whole— we've been living together for a long time. Actual marriage and kids will get a green card with you. Every single one. So all of these, if you have any of that going, your spouse, significant husband, wife, whatever, and your children get green cards as well. Okay? Obviously, you have to submit the paperwork for it, but yes. Oh, wait. Okay. Any questions about the EB-1A?
No.
EB-1B. So this is for researchers and professors. So maybe not directly set to this category of people. You know, if they are really experts in their field and whatever they're researching, probably stuff I won't understand, they're going to get this type of visa. It is separate and apart for them because obviously we want to recruit talent from around the world, the best professors, the best researchers in whatever area it might be. We want them to come on over and be in America and research for us. EB-1C, foreign executives and managers. So these are obviously big corporations. This is sponsored by a corporation, a company, whatever it might be. It must be sponsored. EB-2. Okay. So this is commonly called PERM. Have anybody heard of PERM? No? So this is kind of like the H-1B. So this is the green card version of the H-1B basically. It's going to be the same kind of equivalency where you need the bachelor's degree or higher. It needs to be sponsored by an employer. There are other tests. It is a very long wait period for the PERM visas, or the PERM green card, I apologize. Long wait periods, but it's not a lottery. So it's the equivalent if somebody has an actual job offer here and an employer willing to sponsor them for it. EB-2 national interest waiver. So this is, you being here would benefit the United States. It's very vague. A lot of people do hit it. A lot of researchers can hit it. I have a cancer research scientist right now that's going through this process. But it is, you know, it is pretty vague in the criteria of what it is. It's going to say, oh, you're going to benefit the United States. Yes, there's different ways that we show that. It's still an EB-2, but you're exempt from having to show the PERM labor certification, which is a lengthy process in the regular EB-2. So, if you go this route, then you can bypass all of that, which really shortens down the amount of time it takes to get the EB-2. EB-2 Schedule A Group 2. I don't know why they come up with these really long names. They couldn't just call it something else. So, this is for preexisting labor shortages. So, these are set by the government. No, you can't say an entrepreneur is in slow demand. So, these are preexisting, preset— yes. What are the categories? No. No. I mean, I haven't looked at the list today. It does change, but no. Something like tech, some tech things could be on it. It does change. So you have to, whenever you're actually applying for it, you have to look on the list to see what the current list is stating that they're saying there's a shortage of the United States in. So unless you're ready to do it, we don't kind of look up the list.
Models? Models?
Models are the O-1B, my friend, or the EB-1A. But they're always in short supply. That's why they get their own special visas. Models have their own special— yeah. That's the O-1B. Models fit under there. And there's a green card version. The EB-1A models can get a green card that way. Be pretty, guys. Be Kim Kardashian.
No.
No. She would have so many options. Okay. EB-3. So this is if you have a master's degree or above. So this is higher than the last one, the EB-2 that we were looking at where it's a bachelor's degree. This is a master's degree or above or equivalent. Again, so we can go on equivalencies. If the structure in your country isn't exactly the same as the United States, we would send it out. Same process I talked about before, being able to equate it to the American structure. Question.
Yeah. Why is it long waits for India and China?
Because there's so many people that apply from those countries.
Does it matter from where they apply from?
Yeah. So each country has its own people that it goes to. And then India and China, there's just so many applications that their hub that you send it to that look at the applications is just super backlogged.
The gap for the 1JB is basically because of too many— Indians and Chinese applying to the H-1B? So thank you guys.
I don't know the statistics on that offhand. I don't know exactly how the H-1B breaks down and how many people from what countries apply for it. But yes, a lot of people apply for the H-1B. 90%. Okay. Where was I? EB-5. So this is called the millionaire's green card. If you have lots of money, you can buy yourself a green card. All right? That's the way to do it.
All right?
This is very American of an idea, and this is another one that is $500,000 to $1 million minimum investment depending on what you're investing in. So you do have to invest in a business, and the business actually has to succeed and exist.
Can I buy an apartment? Yes. No, you can buy it from a development of an apartment.
So generally the rule is that you have to have at least 10 employees. So buying real estate does not count if you just buy it and it sits there and there's no employees. So you actually have to— Grow the American economy. So you're looking at having 10 employees or so, having employees, having a business that grows, that's going to employ full-time employees here in America. That's why a lot of these businesses recently have like shops at the bottom when they build like an apartment structure and they have the shops at the bottom. That's real big in LA right now. So that's how you get your employees. So there's ways to buy things to make it, you know, that's a whole different discussion of what you can and can't invest in. But— I was just gonna say, You know, if it's enough money. And a lot of people ask me, oh, can I just take my money back in 6 months? No. This company has to actually be open and running, whatever business you're starting with the EB-5 money. It's not something that you can just close down in 6 months. Because guess what? The government will find out. Any questions about this one? So, can I just like actually start my own company and invest those money on top of that? Yes, you can start your own company. You can invest in other things. You can start your own company. You know, you can't do anything illegal. You can't be like, oh, I'm gonna, you know, invest in the pot business. I know it's illegal here in California, but it's not illegal federally, we've been asked. You know, so you can invest in your own business as long as you show that the plan is to invest, you know, have those full-time employees. So must Create 10+ means like you have to add 10 more employees to the company if you invest in an existing company? So, it's harder when you invest in an existing company. We can talk about those exact parameters because that's a longer discussion. So, we can do consultations for all these different visas, obviously, to get more into like the fine-tuning of them. But yes, there has to be 10 employees that you're kind of adding to the U.S. Adding employment to the U.S. economy, for lack of a better term. Okay. Any other questions about this one?
For example, if you're the founder and you ask for money for investors, does it count here?
No, it has to be your money. Money, family money. Investors' money, that's coming from somebody else. So that would be someone else investing in the U.S., not you investing in the U.S., because that money would be coming directly from them. Any other questions? No?
Okay.
Trying to go really fast because they told me I had limited time up here. So, all right. Immigration dos. Understand your options. Give us everything that you've got. Let us know what's going on in your life, all the different parameters, whether you're married or not. You'd be surprised how many people forget to tell me that, and then they come here and they'll go, well, my wife's here too. It's like, well, you didn't tell me you had a wife. You do actually have to submit paperwork if you're bringing somebody else with you. The government just— you can't just show up and say, hi, I have a green card. It doesn't work that way. So let us know everything that's going on with your life so we can really fully assess. Even if you think one visa is best for you, we might have a different opinion. So just let us know. Definitely let us know if you've ever been convicted of a crime. Yes, that is an issue if you're gonna try and immigrate to America. Make all your finances very transparent and documented. So if you're coming for some of these visas, they're going to want to look at your monies. If they were going to want to look at your money, they're going to want to see it easy and easily to understand. If it's super murky, they're going to be like, I don't get it. You don't want the border officers to think. The second they start thinking, bad things happen. You want everything clear, concise, easy format for them to understand. Yes.
And if somebody's finances are in bitcoins or cryptocurrencies?
So they have— it hasn't come up yet, but I'm sure it's going to soon, just like I know these self-driving cars are gonna come up soon. So lots of laws change when, you know, various things start changing in the economy. They're not hip to the social media influencers yet, but yet they make so much money. So everything's always in flux. Anything that's new, the government's not really gonna know what to do with it yet. So, like, you know, you can be in a movie and put it at a film festival where only 100 people see it at one film festival, and that works for the government. But 15 million see it on the internet, and they're like, meh, a cat yawning can get 15 million on the internet. So anything that's new is gonna be in flux. What's the most important thing that you've learned
