An investor may already be prepared to invest in a business in the United States and may already know what the investment is meant to accomplish from a business perspective. At that point, the key uncertainty is often immigration, meaning which option allows the investor to live in the United States in a lawful status while making the investment and carrying out the business activity that comes with it.
Under U.S. immigration law, only a limited number of visa categories are directly tied to investment in a U.S. enterprise. Two categories that investors commonly evaluate are the E-2 Treaty Investor visa and the EB-5 Immigrant Investor Program.
They are frequently compared because they can both be connected to investment, yet they operate under different legal frameworks and lead to different immigration outcomes. A side-by-side comparison helps applicants understand what each option is designed to do before looking at specific eligibility requirements.
Visa classification and purpose
E-2 Treaty Investor Visa
The E-2 Treaty Investor visa is a non-immigrant visa classification. It is designed to allow a qualifying investor to enter the United States for the purpose of developing and directing a business in which the investor has made a qualifying investment.
EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor Program is an immigrant visa classification. It is designed to allow a qualifying investor to seek lawful permanent residence through investment and job creation.
Immigration outcome
E-2 Treaty Investor Visa
An E-2 approval grants temporary immigration status that allows the investor to reside in the United States while operating the qualifying business. The status is time-limited and tied to continued eligibility under the E-2 classification.
EB-5 Immigrant Investor Program
An approved EB-5 petition allows the investor to obtain conditional lawful permanent resident status. After meeting program requirements, the investor may apply to remove conditions and obtain permanent resident status.
Investment amount requirements
E-2 Treaty Investor Visa
U.S. immigration law does not set a fixed minimum investment amount for the E-2 visa. U.S. Citizenship and Immigration Services (USCIS) requires the investor to invest a substantial amount of capital in a U.S. enterprise.
EB-5 Immigrant Investor Program
The EB-5 program has a statutory minimum investment amount set by law. The required amount depends on the location of the investment:
- $800,000 for an investment in a Targeted Employment Area (TEA) or an eligible infrastructure project
- $1,050,000 for an investment outside a Targeted Employment Area
Job creation requirements
E-2 Treaty Investor Visa
The E-2 Treaty Investor visa requires the business to be more than marginal. This means the enterprise must have the present or future capacity to generate more than minimal income and to contribute economically. USCIS does not set a specific number of jobs that must be created for E-2 eligibility.
EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor Program requires job creation as a statutory condition. The investment must result in the creation of at least 10 full-time jobs for qualifying U.S. workers. These jobs must meet USCIS definitions and be created within the required time frame.
Nationality requirements
E-2 Treaty Investor Visa
Eligibility for the E-2 Treaty Investor visa depends on nationality. The investor must be a national of a treaty country, meaning a country with which the United States maintains a treaty of commerce and navigation, a qualifying international agreement, or a country deemed qualifying by legislation.
EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor Program does not impose a nationality requirement. Investors from any country may apply, subject to general immigration laws and numerical limits set by statute.
Level of investor involvement
E-2 Treaty Investor Visa
The E-2 Treaty Investor visa requires the investor to develop and direct the business. U.S. Citizenship and Immigration Services (USCIS) evaluates whether the investor has a controlling interest in the enterprise or operational control through a managerial position. Active involvement in the business is part of the classification.
EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor Program does not require day-to-day management in every case, but USCIS requires the investor to be engaged in management of the enterprise either through day-to-day managerial responsibility or through policy formulation.
Length of status and renewability
E-2 Treaty Investor Visa
E-2 status is granted for a limited period of time. The length of the initial period and any subsequent extensions depends on the investor’s nationality and the terms applied by the U.S. Department of State and USCIS. The status may be extended as long as the investor continues to meet E-2 requirements.
EB-5 Immigrant Investor Program
The EB-5 process begins with the grant of conditional lawful permanent resident status, valid for two years. After meeting program requirements, the investor may apply to remove conditions and obtain permanent resident status. Permanent residents receive a green card, subject to renewal under standard immigration rules.
Sources:
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor-process
- U.S. Department of State (DOS). https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
- DOS. https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html