Investor Visas: How to Secure an EB-5 or E-2 Visa

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Navigating the complexities of U.S. immigration can be challenging, especially for investors seeking residency through the EB-5 and E-2 visas. This guide provides essential insights into the requirements and processes for securing these investor visas, ensuring you make informed decisions with the help of an experienced immigration attorney near you.

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Discover how to secure an EB-5 or E-2 visa to gain U.S. residency as an investor or entrepreneur. This comprehensive guide outlines the requirements, benefits, and application processes for both visa types. For expert assistance, connect with an immigration attorney near you.

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Flat vector illustration of an investor reviewing business documents with a U.S. city skyline in the background. Symbols of investment, such as a rising graph, briefcase, and U.S. visa stamp, represent the EB-5 and E-2 investor visa process. The illustration follows a modern, minimalistic style with muted shades of purples, yellows, and grays.

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Feb 25, 2025 08:44 PM

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Investor Visas: How to Secure an EB-5 or E-2 Visa

What Is an Investor Visa?

• The EB-5 visa leads to a green card (permanent residency).

• The E-2 visa allows investors to live and work in the U.S. but does not directly provide permanent residency.

EB-5 Immigrant Investor Visa: Path to a Green Card

Key Benefits of the EB-5 Visa

• Provides a U.S. green card for the investor, spouse, and children under 21.

• No requirement to manage day-to-day business operations.

• No need for a U.S. employer or sponsor.

• A direct path to U.S. citizenship after five years.

EB-5 Visa Requirements

1. Investment Amount
• Minimum $1,050,000 investment in a U.S. business.
• Minimum $800,000 if investing in a Targeted Employment Area (TEA) (high-unemployment or rural area).

2. Job Creation
• The investment must create or preserve at least 10 full-time jobs for U.S. workers.

3. Investment Type
• Must be an active investment, meaning the investor is involved in business decisions.
• Can be in a new business or a Regional Center project (a government-approved investment program).

4. Lawful Source of Funds
• Investors must prove that their investment capital comes from legal sources (business profits, salary, real estate sales, inheritance, etc.).

EB-5 Visa Application Process

Step 1: Choose an Investment

• Invest in a qualifying business or Regional Center project.

• Many investors choose Regional Centers to meet job creation requirements without direct business management.

Step 2: File Form I-526E (Immigrant Petition by Investor)

• This petition proves your investment meets EB-5 program requirements.

• Processing time: 1 to 3 years.

Step 3: Conditional Green Card Approval

• If approved, you receive a two-year conditional green card.

• You must maintain your investment and job creation requirements for two years.

Step 4: File Form I-829 (Remove Conditions on Green Card)

• Filed 90 days before the two-year period expires.

• If approved, the conditions are removed, and you receive a permanent green card.

EB-5 Processing Time and Costs

• Total processing time: 3 to 5+ years.

• Government filing fees: ~$11,000+.

• Legal and administrative fees: Varies based on investment choice.

E-2 Treaty Investor Visa: A Flexible Business Visa

Key Benefits of the E-2 Visa

• Fast processing times (usually a few months).

• No fixed minimum investment amount (but must be substantial).

• Renewable indefinitely as long as the business remains active.

• Spouse and children can accompany the investor (spouse can work in the U.S.).

E-2 Visa Requirements

1. Investor’s Nationality
• Only available to citizens of treaty countries (countries that have a trade treaty with the U.S.).
• Major countries not eligible: China, India, Russia, Brazil (unless dual citizenship is obtained from an E-2 country).

2. Investment Amount
• No fixed minimum, but typically $100,000–$250,000+ is considered substantial.
• The investment must be active and at risk (not just held in a bank account).

3. Ownership & Business Control
• The investor must own at least 50% of the business.
• The business must be operational and generating income.

4. Nonimmigrant Intent
• E-2 visas do not provide a direct path to a green card. However, some investors transition to EB-5 or other employment-based green cards later.

E-2 Visa Application Process

Step 1: Start or Buy a Business

• Choose a qualifying business investment (franchise, startup, or existing company).

• Open a U.S. business bank account and transfer investment funds.

Step 2: File DS-160 & DS-156E (Nonimmigrant Visa Applications)

• Submit an application at a U.S. consulate or embassy in your home country.

• Pay the visa application fee (~$205).

Step 3: Attend a Visa Interview

• Provide business plans, financial documents, and proof of investment.

• If approved, receive the E-2 visa stamp in your passport.

E-2 Visa Processing Time and Costs

• Processing time: 2 weeks to 3 months.

• Government fees: ~$205.

• Legal and business setup fees: Varies by investment.

EB-5 vs. E-2: Which Investor Visa Is Right for You?

Can E-2 Visa Holders Transition to a Green Card?

• EB-5 Visa (if willing to invest $800,000+ and create 10 jobs).

• EB-1C Visa (if running a multinational company with a U.S. branch).

• Family Sponsorship (if eligible through a U.S. citizen relative).

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