Understanding U.S. Investor Visas: E-2 and EB-5
This page explains two key U.S. visa options for foreign investors: the E-2 non-immigrant visa and the EB-5 immigrant visa.
E-2 Treaty Investor Visa (Temporary Stay)
- Who can apply? Citizens of countries with a trade treaty with the U.S. who invest a significant amount in a real U.S. business they will manage.
- Key Requirements:
- Nationality: Must be a national of a treaty country.
- Significant Investment: Investing (or actively in the process of investing) a significant amount of capital in a genuine U.S. business.
- Active Business: The business must be a real, operating commercial enterprise (not just for speculation).
- Control: The investor must aim to manage and direct the business (typically through 50%+ ownership or a key managerial role).
- Application Steps:
- Complete Form DS-160 (online nonimmigrant visa application).
- Submit Form DS-156E (Treaty Trader/Investor application).
- Provide supporting documents proving funds, business establishment, nationality, and (if applicable) trade.
- Stay: Initial stay up to 2 years, with possible extensions.
- Family: Spouses (who can apply for work authorization) and unmarried children under 21 can join.
- Important Considerations: Funds must be legitimate. Businesses should have the potential for more than just supporting the investor’s family.
EB-5 Immigrant Investor Program (Permanent Residency – Green Card)
- What is it? A program for foreign investors to get a Green Card (permanent residency) by investing in the U.S. economy and creating jobs.
- Key Requirements:
- Investment Amount:
- Standard: $1,050,000 in a U.S. commercial enterprise.
- Targeted Employment Area (TEA – high unemployment or rural): $800,000.
- Job Creation: The investment must create or preserve at least 10 full-time jobs for U.S. workers for at least two years.
- Eligible Business: The investment must be in a for-profit U.S. commercial enterprise.
- Investment Amount:
- Application Steps:
- File Form I-526 (Immigrant Petition by Alien Investor).
- If in the U.S., file Form I-485 (Adjust Status). If outside the U.S., apply for an immigrant visa.
- After two years, file Form I-829 (Remove Conditions on Permanent Residence).
- Regional Center Program: Investors can invest through approved regional centers that promote economic growth.
Need More Information?
Contact Adel Elgoneimy, CPA for assistance with U.S. investor visas.
Tel: +1 609 233 2807
Email: Elgoneimy@goneimycpa.com
