E-2 Visa vs. EB-5 Investor Visa Program

Here is an estimation of the two visas available for investors – E-2 and EB-5. Learning about E-2 visas will also help those involved with EB-5 investments recognize the options available.

E-2 Visa Overview

The E-2 is a temporary visa based on a mutual business agreement between the United States and your country of nationality. The E-2 guidelines require the U.S. business to be mainly owned by nationals of countries who the US has agreed to conduct business with.

E-2 visa holders must work for the same company for which the visa has been issued. The visa applicant may be the owner, executive, manager or person with essential skills.

EB-5 Visa Overview

Contrary to E-2 visa holders, EB-5 investors can work anywhere, attend school or enjoy retirement. EB-5 provides a pathway to permanent residence in the US.

To qualify and maintain EB-5 status, investors must create 10 full-time, permanent jobs in the US (with at least 10 employees on W-2s), excluding the investor and temporary visa holders.

Key Differences

Factor	E-2	EB-5
Duration	Up to 5 years (renewable)	2-year conditional, then permanent
Work Flexibility	Must work for sponsoring company	Can work anywhere
Investment Amount	Lower (varies)	$900K (TEA) or $1.8M
Path to Green Card	No direct path	Yes
Family Benefits	Spouse can work with E-2	Spouse and children under 21 included

2019 Investment Amount Changes

As of November 21, 2019:

• TEA investment increased to $900,000 (from $500,000)
• Standard investment increased to $1.8 million (from $1 million)
• Amounts will be adjusted every five years for inflation

Which Is Right for You?

While the time to obtain the E-2 may be shorter and the investment amount much less, an E-2 remains a temporary visa. For many, it is preferable to immigrate to the U.S. via the EB-5 because it provides permanent residency.

To better understand which option is best for you, feel free to contact our office for legal advice.