E-2 Investor
VS
EB-5
Type
Nonimmigrant visa
Green card
Description
Treaty Investors
Immigrant Investor Program
Profiles that typically qualify
Entrepreneurs, Business owners, Investors
Entrepreneurs, Business owners, Investors
Requirements
You and at least 50% of the business owners must be nationals of the same treaty country.
You must direct or control the business through either 50%+ ownership or a high-level director or managerial role.
The investment must be substantial and at risk, with the legal source of funds documented.
Funds must be the investor's personal assets, and the investment must be in a commercial enterprise (i.e., a business that sells products or services).
The business must be profitable and ideally create at least one U.S. job within the first five years.
Invest personal funds of $800,000 in Targeted Employment Areas (TEA), such as rural or high-unemployment areas and certain infrastructure projects, or $1,050,000 in non-TEA areas.
Create or preserve at least 10 full-time jobs for qualifying U.S. workers.
Provide detailed documentation verifying the lawful source and transfer path of the investment funds.
Maintain the investment for a minimum of two years.
Pros
Renewable indefinitely, allowing long-term business opportunities in the U.S.
Highly flexible and can be used for almost any type of business.
The only visa category that provides immigration status based on passive investment.
Does not require employer sponsorship, offering significant flexibility.
No specific educational or professional qualifications are required.
Allows for investment directly into new or existing businesses or through regional centers that pool funds for larger projects.
The only employment-based category allowing concurrent Green Card application filing for all nationalities.
Cons
Requires a substantial upfront investment, with funds at risk (no set minimum, but typically over USD $100,000).
Some consulates have long wait times for E-2 application interviews.
Requires committing investment funds before receiving approval.
Requires a substantial financial investment.
The investment must be at risk, and job creation requirements must be met.
Initially issued a two-year conditional Green Card, requiring a subsequent application to demonstrate continued compliance with the program requirements.
Sponsorship
Not required
Not required
Validity period
5 years1
Permanent residency
Renewable
Indefinitely, 5-year increments2
Every 10 years
Without premium processing
2-4 months
6-24 months1
With premium processing
15 business days3
No
Can spouse work
Yes
Yes
Disclaimers
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing.
1Timeframe to obtain conditional residence, with a similar timeframe for achieving permanent residence.
Type
E-2 Investor
Nonimmigrant visa
EB-5
Green card
Description
E-2 Investor
Treaty Investors
EB-5
Immigrant Investor Program
Profiles that typically qualify
E-2 Investor
Entrepreneurs, Business owners, Investors
EB-5
Entrepreneurs, Business owners, Investors
Requirements
E-2 Investor
You and at least 50% of the business owners must be nationals of the same treaty country.
You must direct or control the business through either 50%+ ownership or a high-level director or managerial role.
The investment must be substantial and at risk, with the legal source of funds documented.
Funds must be the investor's personal assets, and the investment must be in a commercial enterprise (i.e., a business that sells products or services).
The business must be profitable and ideally create at least one U.S. job within the first five years.
EB-5
Invest personal funds of $800,000 in Targeted Employment Areas (TEA), such as rural or high-unemployment areas and certain infrastructure projects, or $1,050,000 in non-TEA areas.
Create or preserve at least 10 full-time jobs for qualifying U.S. workers.
Provide detailed documentation verifying the lawful source and transfer path of the investment funds.
Maintain the investment for a minimum of two years.
Pros
E-2 Investor
Renewable indefinitely, allowing long-term business opportunities in the U.S.
Highly flexible and can be used for almost any type of business.
EB-5
The only visa category that provides immigration status based on passive investment.
Does not require employer sponsorship, offering significant flexibility.
No specific educational or professional qualifications are required.
Allows for investment directly into new or existing businesses or through regional centers that pool funds for larger projects.
The only employment-based category allowing concurrent Green Card application filing for all nationalities.
Cons
E-2 Investor
Requires a substantial upfront investment, with funds at risk (no set minimum, but typically over USD $100,000).
Some consulates have long wait times for E-2 application interviews.
Requires committing investment funds before receiving approval.
EB-5
Requires a substantial financial investment.
The investment must be at risk, and job creation requirements must be met.
Initially issued a two-year conditional Green Card, requiring a subsequent application to demonstrate continued compliance with the program requirements.
Sponsorship
E-2 Investor
Not required
EB-5
Not required
Validity period
E-2 Investor
5 years1
EB-5
Permanent residency
Renewable
E-2 Investor
Indefinitely, 5-year increments2
EB-5
Every 10 years
Without premium processing
E-2 Investor
2-4 months
EB-5
6-24 months1
With premium processing
E-2 Investor
15 business days3
EB-5
No
Can spouse work
E-2 Investor
Yes
EB-5
Yes
Disclaimers
E-2 Investor
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing.
EB-5
1Timeframe to obtain conditional residence, with a similar timeframe for achieving permanent residence.