Investor Visas: E-2 and EB-5 Overview
Helping Entrepreneurs and Investors Build Their Future in the United States
Our team assists international investors and entrepreneurs who wish to live and work in the United States through strategic investment-based immigration options. The two primary pathways available are the E-2 Treaty Investor Visa and the EB-5 Immigrant Investor Green Card. Each program has distinct benefits, requirements, and processes depending on your long-term goals and country of origin.
E-2 Treaty Investor Visa
The E-2 Visa is a nonimmigrant visa available to nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States. It allows investors to live in the U.S. to develop and direct the operations of a business in which they have invested—or are actively investing—a substantial amount of capital.
Basic Legal Requirements
To qualify for an E-2 visa, you must:
· Be a national of an E-2 treaty country.
· Have invested or be actively in the process of investing a substantial amount of capital in a bona fide U.S. business.
· Be entering the United States solely to develop and direct the investment enterprise.
· Demonstrate that the investment is not marginal (i.e., it must generate more than just enough income to support the investor and their family).
· Have control of the funds and the enterprise (at least 50% ownership or operational control).
General Process
The E-2 visa can be pursued in one of two ways:
· Consular Processing: Most E-2 visas are obtained by applying directly at a U.S. consulate abroad. If approved, the investor receives a visa stamp valid for up to five years (depending on reciprocity with the treaty country).
· Change of Status: If the applicant is already in the U.S. in another lawful status (e.g., B-1/B-2, F-1, etc.), they may file Form I-129 with USCIS to request a change of status to E-2. Note: This route does not result in a visa stamp and limits international travel.
Additional Information
· Duration: E-2 status is typically granted for up to 2 years at a time but can be renewed indefinitely as long as the business remains active and meets E-2 criteria.
· Employees: Certain employees of the E-2 business who share the same nationality as the treaty investor and meet managerial or specialized skills requirements may also qualify for E-2 status.
· Family: Spouses and children under 21 may accompany the investor under E-2 dependent status. Spouses may apply for work authorization.
EB-5 Immigrant Investor Program
The EB-5 Visa is a permanent resident (green card) program for foreign nationals who invest in a U.S. business and create jobs for U.S. workers. It is suitable for individuals seeking a direct path to lawful permanent residence through investment.
Basic Legal Requirements
To qualify for the EB-5 program, you must:
· Invest at least $1,050,000 in a new commercial enterprise (or \$800,000 if the business is located in a Targeted Employment Area (TEA) or rural area).
· Create or preserve at least 10 full-time jobs for qualifying U.S. workers.
· Be actively involved in the business either through day-to-day management or policy formation.
· Demonstrate that the investment funds were obtained lawfully and are fully at risk.
General Process
There are two common pathways for EB-5:
1. Direct Investment:
The investor creates their own business or enterprise and directly manages operations.
File Form I-526E (Immigrant Petition by Regional Center Investor).
Once approved, proceed with either:
· Adjustment of Status (Form I-485) if already lawfully in the U.S., or
· Consular Processing for immigrant visa issuance at a U.S. embassy abroad.
2. Regional Center Investment:
Invest in a USCIS-designated Regional Center project (typically a large-scale real estate or infrastructure project).
· May allow for indirect job creation.
· Often preferred by investors seeking a more passive role.
Additional Information
· Two-Year Conditional Green Card: Initial EB-5 approval results in a conditional green card valid for two years.
· Form I-829 Petition: Within the 90-day window before the end of the two-year period, the investor must file Form I-829 to remove conditions and demonstrate job creation and sustained investment.
· Family: Spouses and unmarried children under 21 may be included in the green card application.
How We Can Help
At Veritas Immigration Law, P.A., we provide strategic legal advice and full-service representation for both E-2 and EB-5 clients, including:
· Business plan review and structuring
· Investment source documentation
· USCIS and consular filings
· Interview preparation
· Change of status and adjustment of status applications
· Regional center due diligence and compliance
