As a U.S. immigration attorney, I often meet with clients who feel overwhelmed by what I call the “alphabet soup” of immigration law. Visa categories like E-2 EB-2 and EB-5 visas may sound confusing, but each one has very different requirements and outcomes.
If you are considering investing, working, or establishing permanent residency in the United States, here is what you need to know about these three visa options.
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The E-2 Visa: A Non-Immigrant Investor Visa
The E-2 visa is designed for investors who have the financial means to start or purchase a business in the United States. Typically, this requires an investment of at least $100,000, which must come from your own funds or a legitimate gift.
To qualify, the funds must be actively invested in a U.S. enterprise that is expected to create jobs within the next five years. Importantly, the E-2 is a non-immigrant visa. This means:
- It does not lead to permanent residency (a green card).
- It is valid as long as you maintain the business and can be renewed, usually in five-year increments.
- Only nationals of countries with a qualifying treaty with the United States are eligible.
- As the principal investor, you are tied to your E-2 business. However, your spouse may obtain open market employment authorization and work for any employer.
The E-2 is a valuable option for entrepreneurs who want to manage and grow a business in the U.S., but it does not create a path to a green card.
The EB-2 Visa: Employment-Based Permanent Residency
Unlike the E-2, the EB-2 visa is an immigrant visa. Approval grants you a green card, allowing you to live and work permanently in the United States.
The EB-2 generally requires:
- An advanced degree (master’s or Ph.D.), or proof of exceptional ability in your field.
- A job offer from a U.S. employer.
- A successful PERM labor certification, which proves that no qualified U.S. workers are available for the offered position.
There are, however, exceptions. The most well-known is the National Interest Waiver (NIW), which may allow you to bypass the labor certification requirement if your work benefits the United States substantially.
While the EB-2 is a direct path to permanent residency, applicants must be aware that they generally cannot work until their green card is approved, unless they already hold another valid non-immigrant visa.
The EB-5 Visa: The Immigrant Investor Program
The EB-5 visa offers another route to permanent residency through investment. It requires a much larger financial commitment:
- $800,000 if invested in a Targeted Employment Area (TEA), defined as a region with high unemployment or below-average economic development.
- $1,050,000 for investments outside TEAs.
Key requirements include:
- Creation of at least 10 full-time jobs for U.S. workers.
- Proof that your funds are at risk in the enterprise.
When approved, the EB-5 initially grants a conditional green card for two years. To maintain permanent residency, you must later demonstrate that the required jobs were created and that you continue to manage the enterprise. If successful, conditions are removed, and you receive a permanent green card.
Summary: Choosing the Right Visa
- E-2 Visa: Requires a minimum investment (usually $100,000). Renewable, but does not lead to a green card.
- EB-2 Visa: Employment-based. Requires an advanced degree or exceptional ability, a job offer, and usually a labor certification. Leads to a green card.
- EB-5 Visa: Investor visa requiring $800,000–$1,050,000. Creates 10 jobs, and grants a conditional green card that can become permanent.
Each visa comes with different requirements, benefits, and risks. Determining which option is right for you depends on your goals, background, and resources.
Consult with an Immigration Attorney
Navigating U.S. immigration law is complex, and the best visa option is not always obvious. If you are considering the E-2, EB-2, or EB-5, schedule a consultation today to receive a personalized analysis of your situation.