The US offers two investor visas – the EB-5 Visa and the E-2 Visa. Both visas allow foreign nationals to obtain residency in the US in exchange for investing capital in a US business, infrastructure projects, or boosting the country’s economic growth.
While the EB-5 is an immigrant visa that may lead to a Green Card, the E-2 Visa is a non-immigrant visa and allows recipients to live and work in the US for two years and can be renewed indefinitely. The two routes have different investments, nationality, job creation, and business management requirements.
This guide explains how the two US investor visas work, how much capital they require, what evidence applicants need, the main risks to consider, and how Global Citizen Solutions can help.
Investor Visa USA – Key Takeaways
An Investor Visa USA is an immigration pathway that allows a foreign national to live and work in the United States based on a qualifying investment in a US business or commercial enterprise.
The appropriate visa for an investor depends on a wide range of factors such as the investor’s nationality, available capital, desired level of involvement in the business, and long-term immigration goals.
There are different types of employment-based immigrant visas, but the primary ones include:
EB 5 Visa
The EB-5 Visa is an immigrant visa that requires investors to make a minimum investment of $1,050,000 (or $800,000 in a targeted employment area) in a new commercial enterprise that creates or preserves at least ten full-time jobs for qualifying US workers. It is open to investors of any nationality, subject to admissibility and visa availability.
Successful applicants and eligible dependents (spouse and unmarried children under 21) receive two years of conditional permanent residency, after which the investor files Form I-829 to remove the conditions, provided all requirements are met.
E-2 Visa
The E-2 Visa is a non-immigrant visa available to investors from treaty countries that have treaties of commerce and navigation with the United States. To qualify, the investor must make a substantial investment in a bona fide enterprise and be actively involved in business operations.
This visa is designed for investors who will actively develop and direct a US business. Successful applicants receive two-year temporary residency, renewable indefinitely in two-year increments, provided the business remains active.
None of these investor visa programs grant direct citizenship. However, an EB-5 investor who maintains permanent residence status for at least 5 years can apply for naturalization, provided all other requirements are met.
The US Investor visa provides numerous direct investment opportunities for foreign investors who satisfy certain criteria.
These benefits include:
- Green Cards: The EB-5 Visa provides a path to a permanent resident status or a Green Card. A Green Card holder can live, work, or study anywhere in the US without a work permit or an additional visa.
- Ease of travel: A permanent resident can travel in and out of the country anytime, making traveling to the US efficient for leisure or business.
- Access to social benefits: Once you become a permanent resident through employment-based immigrant visas, you can use benefits such as Medicare, retirement, or Social Security.
- Potential for US citizenship: Holding a Green Card for five years could help foreign investors become eligible for citizenship in the United States.
The required amount depends on the exact investor visa you choose.
EB-5 investment amount
E-2 substantial investment
The E-2 Visa does not have a set amount. Instead, it uses a proportionality test where the investment is assessed against the total cost of purchasing or creating the business. The capital is said to be substantial when it passes the proportionality test, and it must be invested in a bona fide US enterprise.
For example, an investor buying a low-cost service business may need to commit nearly all the amount required to launch or acquire it. For a more expensive enterprise, a lower proportion may still be considered substantial because the absolute investment is much larger.
The capital must also be enough to operate the business. Simply showing personal wealth or depositing uncommitted funds into a US bank account is not sufficient.
Investor visa applicants must show that their funds were lawfully acquired. The EB-5 Visa requires a more detailed record, tracing the funds from the original source to the new commercial enterprise.
Some potential source of funds for the investor visa USA are:
- Employment earnings and accumulated savings
- Business income or dividends
- The sale of a company or ownership interest
- The sale of property or other assets
- An inheritance
- A genuine gift from a family member or another donor
- Properly structured loan proceeds
The evidence you will provide will depend on how the funds were obtained.
Note that any large, unexplained deposits, inconsistent tax information, missing transfers or any money routed through several accounts without appropriate documentation may raise questions from USCIS.
Using an immigration expert such as Global Citizen Solutions to organize your source-and-path-of-funds evidence before transferring capital or submitting an application can improve your chances of a smooth sailing application process.
Each investor visa has its own defined application process.
E-2 Visa application process
An applicant outside the US will apply for the E-2 Visa through an embassy or consulate.
The process will involve:
- Establishing or purchasing the US enterprise
- Committing the qualifying investment funds
- Preparing the ownership, financial, source-of-funds, and business-plan evidence and other required documentation
- Completing Form DS-160 and the relevant post-specific E-2 requirements
- Paying the visa fee and attending an interview when requiredTraveling to a US port of entry if the visa is issued
Eligible applicants who are already in the US can request a change of status to an E-2 status through USCIS using Form I-129. This form can also be used for an E-2 Visa extension.
EB-5 Visa application process
The EB-5 application process involves:
- Selecting a qualifying standalone investment or regional center offering and conducting due diligence
- Investing the required capital and documenting its lawful source and path
- Filing Form I-526 as a standalone investor or Form I-526E as a regional center investor
- Applying for an immigrant visa abroad or adjustment of status in the United States when a visa number is available, and the applicant is eligible
- Receiving conditional lawful permanent residence
- Filing Form I-829 to remove the conditions from permanent resident status
If you are an eligible investor in the US, you can file Form I-485 concurrently with Form I-526 or I-526E when an immigrant visa is immediately available. Note that concurrent filing does not guarantee that either application will be approved.
The EB-5 Visa’s Form I-526E (Regional Center) and Form I-526 (Direct) petitions take approximately 32–33 months to process, based on USCIS data for 80% of cases.
On the other hand, the E-2 Visa’s processing time can vary depending on your home country and the time required for the US Citizenship and Immigration Services (USCIS) or the US Consulate to review your application. Consular processing takes 3-6 months; USCIS change-of-status regular processing takes 3–6 months.
E-2 Visa change of status applicants can opt for premium processing at a cost of $2,965 and receive a response in 15 business days. This service is not available for first-time E-2 Visa applicants or those applying from outside the United States.
Costs vary for each investor visa type.
EB-5 Visa costs
The government fees of the EB-5 Visa include:
- Form I-485: $1,440 (paper)/ $1,390 (online)
- Form I-526/I-526E: $3,675
- Form I-829: $3,750
- EB-5 Integrity Fund fee (mandatory with I-526E): $1,000
Additional fees for applicants in foreign countries (Consular processing):
- Form DS-260: $325
- Affidavit of Support Fee: $120
Note: These total costs don’t include administrative fees or the minimum investment amount for the EB-5 program and are subject to change.
E-2 Visa costs
The government costs for the E-2 Visa include:
- Form I-129 (small employer) filing fee: Paper Filing: $1,015 + additional fees/ Online Filing: $510 + additional fees
- Form I-129 (large employer) filing fee: $1,615
- Premium processing: $2,965
Investment opportunities in the US for the EB-5 and E-2 Visa programs offer diverse prospects in various sectors. Both programs carry immigration risks, like visa denial or policy changes. Potential investors should conduct thorough research, seek legal and financial advice, and assess their risk tolerance. Unlike the EB-5 Visa, the E-2 Visa does not have specific job creation requirements.
EB-5 Visa Opportunities
- Real estate development: EB-5 investors often choose real estate projects like hotels or commercial properties, offering returns through property value and rental income. Risks include market downturns and investment project issues.
- Franchise businesses: Many EB-5 investors invest in franchises (restaurants, hotels etc.). Franchises offer a proven model and steady returns, but face competition and franchise-specific challenges.
- Technology startups: The technology sector, including biotechnology, IT, and renewable energy, presents opportunities for EB-5 investments. Startups offer high-return potential but come with significant risks and no guaranteed success.
E-2 Visa Opportunities
- Franchise ownership: E-2 visa holders often invest in well-known franchise businesses due to their established systems and support. These opportunities can provide stable cash flow and moderate returns, but the success of the investment heavily depends on the chosen franchise and location.
- Retail and service businesses: E-2 investors may opt for businesses in the retail or service sector, such as restaurants, retail stores, or consulting services. These enterprises can offer a reliable income stream and moderate returns. However, market fluctuations, competition, and local demand may affect financial performance.
- Consulting and professional services: E-2 investors can establish or acquire consulting and professional service firms. These ventures may provide steady income and returns. However, competition and market demand for specific services can impact financial outcomes.
Our Investment Green Card guide provides a more detailed look at how to get a Green Card with an Investor Visa.
The United States does not offer a citizenship-by-investment program. To obtain US citizenship, foreign nationals must first obtain a Green Card either through the EB-5 Visa or other immigrant visas, maintain continuous residence, and then apply for naturalization.
The most common reasons that US Citizenship and Immigration Services reject investor applications include:
- Providing inaccurate or conflicting information
- Failing to provide crucial documents and evidence
- Lacking the necessary investment funds or failing to invest the required amount
- Using funds from illegal sources for investment
- Having a history of criminal offenses or prior violations of US visa regulations
Applying for an EB-5 Visa can be complex, so it’s important to thoroughly research Regional Centers and investments and prepare well for your visa interview. To meet all requirements and gather the right documentation, it’s best to consult with an experienced investor visa lawyer who specializes in investment-based immigration.
An EB-5 investor may become eligible to apply for naturalization after five years as a lawful permanent resident, including time spent in conditional permanent resident status. The applicant must also satisfy continuous-residence, physical-presence, good-moral-character, English and civics requirements. The five-year period does not begin when the investment or I-526/I-526E petition is filed.
Note that the E-2 does not provide a direct route to a Green Card or citizenship. An E-2 investor may later qualify under a separate immigrant category, but the transition is not automatic.
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.