The US investment Green Card is officially known as the EB-5 Visa, which allows foreign investors to obtain permanent residence in the US by investing a minimum of $800,000 in a targeted employment area or $1,050,000 elsewhere. The investment must create or preserve ten full-time jobs for qualified US workers.
Another US investment program is the E-2 Treaty Investor Visa, a non-immigrant visa that allows foreign nationals of treaty countries to live and work in the US in exchange for a substantial investment into an active US business. However, unlike the EB-5 Visa, the E-2 Visa does not lead to a Green Card.
In this guide, discover which visa is right for you and your specific immigration needs.
US Investment Green Card – Key Takeaways
Petitions filed after that date lose that protection, and the Regional Center Program’s own authorization runs out on 30 September 2027.
What is an investment Green Card?
An investment Green Card, known as the EB-5 Visa, allows foreign investors to obtain permanent residence in the United States in exchange for a minimum investment of $800,000 in a targeted employment area or $1,050,000 elsewhere, provided the investment creates or preserves ten full-time jobs for US workers.
Successful EB-5 applicants become lawful permanent residents on a conditional basis for two years. They must then file Form I-829 to remove the conditions from their permanent resident status.
The E-2 Visa is an alternative US investment visa for foreign investors from a treaty country. However, unlike the EB-5 Visa, which offers a direct path to a Green Card for applicants and their family members, the E-2 Visa is a non-immigrant visa and does not provide a direct path to permanent residence. However, switching from an E-2 Visa to an EB-5 Visa is possible.
EB-5 Investment Green Card vs E-2 Visa Comparison Table
The EB-5 and E-2 visas both allow foreign investors to live in the United States, but they differ significantly in their immigration benefits, eligibility requirements, and investment rules.
| Category | EB-5 Immigrant Investor Visa | E-2 Treaty Investor Visa |
|---|---|---|
| Immigration status | An immigrant visa category through which eligible investors may obtain lawful permanent residence, initially on a two-year conditional basis. Form I-829 is used to remove the conditions from that status. | A temporary nonimmigrant visa. It does not directly provide or automatically convert into a green card. |
| Nationality | No treaty nationality is required, although applicants must meet the eligibility and admissibility requirements and may be affected by visa availability. | Only available to nationals of countries that have a qualifying treaty with the United States. |
| Investment amount | $1,050,000, or $800,000 for an investment in a rural or high-unemployment Targeted Employment Area or qualifying infrastructure project. | No fixed minimum amount. The investment must be substantial in proportion to the cost and nature of the business. |
| Investor involvement | The investor must engage in the management of the new commercial enterprise, although regional center investors may have limited day-to-day involvement. | The principal investor must actively develop and direct the E-2 business, normally through at least 50 percent ownership or operational control. |
| Job creation | The investment must create at least ten full-time positions for qualifying employees. Regional center investments may count qualifying direct and indirect jobs. | There is no fixed job-creation requirement, but the business must be more than marginal and have the present or future capacity to generate sufficient income or make a significant economic contribution. |
| Processing time | Processing time varies according to the petition type, project category, country of chargeability, visa availability, and whether the applicant uses consular processing or adjustment of status. | Generally faster than the EB-5, but timing depends on the filing route and the relevant embassy or consulate. Premium processing also provides USCIS action on an eligible Form I-129 request within 15 business days, but it does not guarantee visa issuance within that period. |
| Employment rights | After obtaining conditional permanent residence, the investor may work for any employer, operate a business, or be self-employed. | The principal investor is authorized to work only for the qualifying E-2 enterprise. |
| Family benefits | An eligible spouse and unmarried children under 21 may apply as derivative beneficiaries for conditional lawful permanent residence. | A spouse and unmarried children under 21 may receive derivative E-2 status. Qualifying E-2 spouses may work, while children may study. |
| Source-of-funds complexity | Extensive. The investor must document the lawful source and trace the complete path of the invested capital and relevant administrative fees. | The applicant must establish lawful ownership and control of the invested funds. The documentation is generally less extensive than for EB-5, although requirements can vary by consular post and circumstances. |
Both programs require the investor to demonstrate that the investment funds were obtained lawfully. EB-5 applicants must also provide detailed evidence tracing the funds from their original source to the new commercial enterprise.
Who should choose EB-5 versus E-2?
| EB-5 may be better if you… | E-2 may be better if you… |
|---|---|
| Want to pursue lawful permanent residence | Want to enter and operate a US business without immediately pursuing permanent residence |
| Are not a national of an E-2 treaty country | Are a national of an eligible treaty country |
| Can invest $800,000 or $1,050,000 and satisfy the job-creation rules | Prefer a lower, flexible investment based on the business needs |
| Can document the lawful source and complete path of the capital | Want a potentially faster application process |
| Prefer a Regional Center investment or can actively manage a standalone EB-5 enterprise | Intend to develop and direct the E-2 business actively |
EB-5 Visa vs E-2 Visa Requirements
E-2 Visa requirements
- The applicant must intend to depart the United States when E-2 status ends.
- A substantial investment in a US company is required.
- The US company must be at least 50 percent owned by nationals of the treaty country.
- The US business is a real and operating business and not considered a “marginal” enterprise.
- The principal investor must enter to develop and direct the enterprise, normally through at least 50 percent ownership or operational control.
- The E-2 employee must qualify as an executive, supervisor, or employee with essential skills.
EB-5 Visa requirements
- Investment of at least $800,000 or $1,050,000 (depending on whether the investment falls in a targeted employment area (TEA), meaning a rural or high-unemployment area). Note that regional center investments do not automatically qualify for $800,000; the project must meet the reduced-investment location or infrastructure rules.
- The investment must create at least ten full-time jobs for qualifying employees.
- The investor needs to prove the lawful source and path of funds.
Still struggling to decide which visa is best suited for you? Why not consider speaking to an experienced visa lawyer? We offer a free 30-minute consultation with our investment migration consultants, where you have the chance to find out whether the E-2 or EB-5 Visa is for you. One of our team members can weigh in, discuss your options, and offer advice on how likely it is for your application to succeed. Click here to contact us.
Benefits of obtaining an investment Green Card
- Become a permanent resident
- Family members, including the spouse and unmarried children under 21 can also obtain the permit
- Free to work for an employer, establish a business, or be self-employed, subject to applicable laws and any continuing EB-5 compliance requirements
- Access a high quality of life in a safe and stable US economy
Documents Needed For The Investment Green Card
The documents required depend on the exact visa you’re applying for, application route, investment structure, and source of funds.
| Application stage | Main form | Supporting documents |
|---|---|---|
| E-2 application outside the US | Form DS-160 and, for certain E-2 employees, Form DS-156E | Passport, proof of treaty-country nationality, business ownership records, evidence of the investment, lawful source of funds, business plan, licenses, financial statements and evidence that the business is real, operating and more than marginal |
| E-2 change or extension of status in the U.S. | Form I-129 | The E-2 evidence above, together with the applicant’s Form I-94, current immigration status and documents showing that the business continues to meet the E-2 requirements |
| Standalone EB-5 investment | Form I-526 | Identity documents, evidence of the qualifying investment, new commercial enterprise records, the lawful source and path of funds, business plan, job-creation evidence and proof of the investor’s involvement in managing the enterprise |
| Regional center EB-5 investment | Form I-526E | Identity documents, evidence of the investment, the lawful source and path of funds, information connecting the investment to the regional center project and the receipt number for the project’s Form I-956F |
| Permanent-residence application | Form I-485 in the U.S. or Form DS-260 for consular processing | Passport, birth and marriage certificates, immigration records, medical examination results and other civil or police records required for the applicant and eligible family members |
| Removal of EB-5 conditions | Form I-829 | Evidence that the applicable investment and job-creation requirements were met, along with documents covering the investor and the qualifying family members included in the petition |
Note, the documentation required is extensive, and the list supplied above is subject to change at the discretion of USCIS. To get the full picture of the paperwork needed for your application to succeed, speak to one of our immigration consultants.
Documents proving the lawful source and path of EB-5 funds
EB-5 applicants must show both where their investment capital came from and how it moved into the new commercial enterprise. Depending on the source, evidence may include:
- Personal and business tax returns filed during the previous seven years, where applicable
- Employment, salary or business-income records
- Bank statements and wire-transfer receipts
- Property or business sale agreements
- Investment and securities records
- Inheritance documents
- Gift documents and evidence showing how the donor obtained the money
- Loan agreements and evidence showing the lawful source of funds provided by a non-bank lender
- Records concerning relevant judgments or pending proceedings, where applicable
Note that the documentation required is extensive, and the list supplied above is subject to change at the discretion of USCIS. Documents written in another language must be accompanied by a complete certified English translation.
What investor immigration visa program should I pick?
Understanding the nuanced requirements between an EB 5 visa and E-2 visa is vital so that investors and their family members can make the best decision on their own terms. While the timeframe to obtaining the E-2 is quicker and the investment threshold is lower than the EB5, the E2 is, after all, a non-immigrant visa. Meaning, your visa is temporary. For those who would like to immigrate to the US and live, work, and study freely in the country as a permanent resident, then the EB5 is the right choice.
| Your priority | Route more likely to fit |
|---|---|
| Permanent residence is the main goal | EB-5 Visa |
| Lower capital and faster business entry | E-2 Visa |
| You are not a treaty-country national | EB-5, Gold Card or another qualifying route |
| You want to actively run the business | E-2 or standalone EB-5 |
| You prefer a more limited operational role | Regional center EB-5 |
Understanding the nuanced requirements between an EB-5 Visa and an E-2 Visa is vital so you can make the right decision. While the timeframe to obtain the E-2 is quicker and the investment threshold is lower than the EB-5, the E-2 is a non-immigrant visa, meaning your visa is temporary. For those who would like to immigrate to the US and live, work, and study freely in the country as a permanent resident, then the EB-5 is the right choice.
Can I switch from an E-2 Visa to an EB-5 Visa?
Yes. You can switch from the E-2 Visa to the EB-5 Visa , provided you submit an EB-5 petition and meet all the associated investment and job creation requirements. This is useful for foreign investors who want to gain permanent residency in the US. As an E-2 investor, you may be able to use your existing business and investment for a standalone EB-5 petition if the enterprise and capital meet the EB-5 requirements.
However, the previous E-2 investment does not automatically qualify for the EB-5 Visa, and you may need to contribute additional capital or create more jobs. If you are already in the US and an immigrant visa is available, you can file Form I-485 to adjust status concurrently with the EB-5 petition or while it is pending.
Note: Since the E-2 is a non-immigrant classification, you should carefully consider how pursuing permanent residence may affect your E-2 status, employment, and international travel. Working with an experienced EB-5 Visa lawyer can help you navigate the transition to avoid any issues.
Why work with Global Citizen Solutions?
Global Citizen Solutions is an advisory investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
