The 90 day rule in immigration - changing status after you enter on a B-1/B-2
9 mins read | Sep 15, 2026
The EB-5 vs E-2 decision turns on one trade-off that sets the price of everything else: EB-5 is an immigrant path that buys you a green card for a large, at-risk investment, while the E-2 is a nonimmigrant visa that costs far less and moves faster but never becomes permanent residency on its own. If you can afford the higher capital and want to stay for good, EB-5 points at the green card, while the E-2 can get you working in the U.S. sooner for a lower entry point, provided your country qualifies.
That last condition decides the comparison for many readers before any dollar figure does. The E-2 is only open to nationals of a country that holds a qualifying treaty with the U.S., so if your country has no treaty, EB-5 becomes the realistic investor route. We surface that gate first, then line up EB-5 or E-2 on the numbers that move the decision: investment amount, job creation, cost, timeline, and permanence.
EB-5 vs E-2 at a glance: green card vs renewable nonimmigrant status
The fastest way to read the difference between EB-5 and E-2 is side by side, because the two solve different problems. EB-5 leads to a conditional and then permanent green card, requires a set investment tied to inflation, and demands you create at least 10 full-time U.S. jobs, while the E-2 asks for no fixed minimum, sets no job quota, and renews indefinitely without ever converting to permanent residency and only for treaty-country nationals.
| Factor | EB-5 (immigrant path) | E-2 (nonimmigrant path) |
|---|---|---|
| Outcome | Conditional then permanent green card | Renewable status, not permanent residency |
| Investment | $800,000 in a targeted employment area, or $1,050,000 standard | No statutory minimum; judged by proportionality |
| Job creation | At least 10 full-time U.S. jobs | No fixed job quota; business must be more than marginal |
| Nationality | Open to any nationality | Only nationals of a treaty country |
| Key forms | I-526E petition, then I-829 to remove conditions | Consular DS-160 or a change-of-status filing |
| Timeline | Longer; petition plus visa availability | Often weeks to a few months at a consulate |
These figures are current as of July 2026. USCIS ties the EB-5 amounts to inflation and adjusts them periodically, so check the linked official page for the latest numbers before you commit funds.
The nationality gate: why treaty status decides E-2 first
Before you weigh cost or timeline, check whether your country holds an E-2 treaty with the U.S., because that single fact can remove the E-2 from your options completely. The E-2 is a treaty investor visa, so only citizens of countries that maintain a qualifying commerce-and-navigation treaty with the U.S. can apply. Nationals of India and China, two of the largest sources of investor interest, have no E-2 treaty access, which is a common reason funded entrepreneurs from those countries look at EB-5 instead.
EB-5 carries no nationality restriction at all. Any foreign national who can meet the investment and job-creation requirements and prove a lawful source of funds can pursue it, which is why it remains the default investor green card for applicants from non-treaty countries. Confirm your country's treaty status against the State Department treaty country list before spending time on an E-2 plan that can't proceed. If your country does hold a treaty, both paths stay open and the decision moves to money, permanence, and timing. Our pillar E-2 visa guide covers who qualifies in full.
EB-5 in brief: the $800K to $1.05M green card, 10 jobs, I-526E to I-829
EB-5 gives you a route to a green card in exchange for a large at-risk investment in a U.S. business that creates jobs. The capital requirement comes in two tiers:
- Targeted employment area (TEA): $800,000. A TEA is a rural region or an area of high unemployment.
- Standard: $1,050,000. Any other location.
Both amounts must be genuinely at risk, so your capital has to be committed to the enterprise rather than parked in a guaranteed-return arrangement, and every dollar has to trace back to a lawful source.
The 10-job requirement
The job-creation rule is the part that trips up first-time investors. Your investment has to create at least 10 full-time positions for qualifying U.S. workers, and you generally have to sustain those jobs to keep the green card. There are two ways to meet it:
- Regional center. A USCIS-designated entity that pools investor capital into larger projects and can count indirect jobs. Trades hands-on control for an easier job count.
- Direct investment. A business you run yourself, where the jobs must usually be direct hires. Gives you control but the full job burden.
The two petitions: I-526E, then I-829
The process runs on two petitions. You file Form I-526E, the immigrant petition for a regional center investor, to establish that your investment and job plan qualify, and once it is approved and a visa is available, you receive a conditional green card valid for two years. Near the end of that window you file Form I-829 to remove the conditions, proving the money stayed at risk and the jobs materialized, which converts the conditional card into permanent residency. The investment size and the two petitions make EB-5 the heavier commitment, but it is the only path of the two that ends in a green card.
Which visa is the best for you?Get matched with visa options based on your profile and current situation using our free tool.
E-2 in brief: no fixed minimum, proportionality, renewable but not permanent
The E-2 lets a treaty-country national live and work in the U.S. by investing in and actively running a business, with no statutory minimum and a much lighter capital footprint than EB-5. Instead of a fixed dollar figure, the E-2 is judged by proportionality: the investment has to be substantial relative to the cost of the specific business, so a low-overhead consulting firm can qualify on far less than a restaurant or a franchise. Many consular posts treat an investment around $100,000 as a workable starting point, though the right number depends on what the enterprise costs to run.
The conditions that define the E-2
Beyond the money, three requirements shape an E-2 case:
- At risk and active. Your capital is committed and irrevocable rather than sitting in a bank account.
- A real, operating business. Not a passive holding like undeveloped land or stock.
- More than marginal. The enterprise needs the capacity to generate income beyond a bare living for your family, which usually means a plan to hire U.S. workers even without EB-5's hard 10-job quota.
The nonimmigrant trade-off
The trade-off sits in the word "nonimmigrant." The E-2 renews indefinitely as long as the business stays viable, so you can build a long U.S. life on it, but it never becomes permanent residency and your status ends if the business closes. It also does not carry dual intent the way an H-1B does, so pursuing a green card while on E-2 needs planning to avoid complicating a renewal. Our post on E-2 visa minimum investment breaks down how proportionality is assessed.
EB-5 vs E-2 cost, timeline, and risk compared
On cost, timeline, and risk the two paths pull in opposite directions, which makes the EB-5 or E-2 choice a genuine trade rather than an upgrade. EB-5 asks for $800,000 to $1,050,000 in committed capital plus government and legal costs, and the payoff is a green card that frees you from any employer or renewal cycle. The E-2 can start at a fraction of that capital, but it buys only a renewable visa tied to the business staying alive.
Timeline is where the E-2 earns its appeal. A consular E-2 case can often move in weeks to a few months, since it runs through a single application and interview rather than a multi-stage immigrant petition. EB-5 is the slower path by design: you file the I-526E, wait for approval and a visa number for your country, hold a conditional card for two years, then file the I-829 to remove conditions. For applicants from high-demand countries, visa availability can stretch that into a multi-year project.
Risk lives in different places for each. Both require your capital to be genuinely at risk, so neither guarantees a return, and a failed business hurts under either path. The sharper difference is what a failure costs your status: an E-2 holder whose business closes loses the visa immediately, while an EB-5 investor who has cleared the I-829 holds a permanent green card that no longer depends on the enterprise. That permanence is the core of what the higher EB-5 investment buys. See how Tukki structures pricing and steps for an investor filing on our pricing tool.
EB-5 or E-2: which fits your situation
Whether EB-5 or E-2 fits comes down to three questions: does your country have a treaty, can you commit green-card-level capital, and do you need permanence now or flexibility first. The E-2 is the stronger fit when you are a treaty-country national who wants to get into the U.S. quickly, run your own business, and keep your capital commitment lower, and you accept that the visa renews rather than converts to a green card. For many founders it is the fastest lawful way to start operating here.
EB-5 is the right call when permanence is the goal, when your country has no E-2 treaty, or when you want a green card that survives whatever happens to the business. It suits investors who can commit $800,000 or more, want to remove the employer and renewal dependency, and are planning for U.S. citizenship.
There is also a common bridge play that treats the two as a sequence rather than a fork. A treaty-country investor can enter on an E-2 to start the business, then move toward EB-5 or another immigrant category once the enterprise is generating results and the capital is available, which spreads cost and risk over time. It is worth mapping the right sequence with someone who files these cases before you move money.
Tukki is a U.S. immigration provider that helps entrepreneurs and investors with treaty investor and employment-based paths, from the E-2 treaty investor visa to EB-5 and other green card routes, with dedicated attorney support and full case visibility. If you are weighing EB-5 vs E-2, our team can compare the two filings against your situation.