Investor Visas: Are They Right for You?
Investing in the U.S. can open more than just business opportunities. It can also provide a way to live and work in the country. Two of the most common options for investors are the E-2 Treaty Investor Visa and the EB-5 Immigrant Investor Program. Knowing the key differences between them can help you choose the right path for your goals.
E-2 Treaty Investor Visa
The E-2 visa is a nonimmigrant visa for citizens of countries that have a treaty with the U.S. These countries are recognized for commerce agreements or other qualifying international agreements. A full list of treat countries is available here.
To qualify for an E-2 visa, you must:
Be a citizen of a treaty country.
Have invested, or be actively in the process of investing, a substantial amount of money in a legitimate U.S. business.
Plan to enter the U.S. to develop and manage the business. This usually means owning at least 50 percent of the company or having operational control in a managerial role.
E-2 investors must play an active role in their business. Passive investments do not qualify. You can also bring your spouse and children under 21 with you, and spouses can apply for work authorization. The visa is usually issued for two years and there are currently no limits on renewals. E-2 visas are also considered nonimmigrant visas without a path to a green card.
EB-5 Immigrant Investor Program
The EB-5 program is designed to grow the U.S. economy and create jobs. Investors can qualify for a green card if they make the required investment in a U.S. business and plan to create or preserve at least 10 full-time jobs for qualified workers in the U.S.
As of March 15, 2022, the minimum investment is $800,000 for projects in a Targeted Employment Area, which includes rural areas or regions with high unemployment. For projects outside those areas, the minimum investment is $1,050,000. These amounts are expected to adjust for inflation on January 1, 2027.
EB-5 investors, along with the spouses and children under 21, are eligible for lawful permanent residency. While the program offers a direct path to a green card and eventual citizenship, it requires careful planning and strict compliance with USCIS documentation and verification standards.
Choosing the Right Investor Visa
Which visa is best for you depends on your investment amount, your long term goals, and whether you want permanent residency. E-2 works well if you want to actively run a business and enjoy flexibility in the U.S. EB-5 is suited for investors looking for a clear path to a green card and eventual citizenship. Both paths require diligent planning and if you are interested in learning more about your investment options, contact us at Elevate Justice U.S. Immigration Law.
