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EB-5 Visa vs. E-2 Visa

The EB-5 Visa and E-2 Visa are two types of investment visas offered by the United States. Investment visa programs have different requirements and offer different awards. Some award unconditional lawful residency, while others do not.

EB-5 Visa

  • The EB-5 Visa is an employment-based visa that requires a minimum capital investment. Foreign investors invest either 1 million dollars, or $500,000 in a targeted employment area (TEA), in a new commercial enterprise in the United States.*
  • If the EB-5 application for investment is approved, the investor receives conditional residency and has two years to show that the investment will create at least 10 full-time jobs for qualified U.S. workers. If the EB-5 investor does this, the conditions on the residency will be removed and he or she will be able to apply for a U.S. green card and eventually U.S. citizenship.*
  • Under the EB-5, certain family members of the EB-5 visa holder may also live, work, and attend school in the United States.

E-2 Visa

  • The E-2 Visa is a very different type of investment visa. The E-2 Treaty Investor's visa is a non-immigrant. The foreign investor who obtains a E-2 visa must maintain a treaty of navigation and commerce with the U.S. (To qualify, E-2 applicants must be a national of a country with which the U.S. maintains a treaty of navigation and commerce.) Basically, the applicant invests capital into a U.S. based business.*
  • Certain employees of such a person or qualify organization may also qualify for this visa and work overseas for the business.*
  • The E-2 applicant must have invested, or be in the process of investing a significant amount of funds in a true U.S. enterprise. It must be enough to start and run the business. The E-2 applicant must be seeking to develop and direct the investment enterprise in the U.S. To prove this, they must be able to show at least 50% ownership of the enterprise, or possession of operational control through managerial position or other corporate device.*
  • While this visa does not lead to a green card or citizenship, there is no limitation on how many times it may be renewed. However, once the business venture has been completed the E-2 foreign investor must leave the United States or apply for a different type of visa.*
  • Family members of the E-2 visa holder may submit an application for a visa under their E-2 visa program.