E-2 - Treaty Investor
The E-2 nonimmigrant visa allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
To learn more about the E-2 visa read our blog post entitled "The E-2 Visa as an Alternative to the EB-5"
EB-5 Investor Visa
The EB-5 visa is for immigrant investors who create a new investment or purchase an existing investment and improve it substantially. The EB-5 investor may invest in their own company or participate in an EB-5 Regional Center serving a targeted employment area. Required investment into a personal enterprise is $1,000,000 in most regions and $500,000 for targeted employment areas. The EB-5 investor must also show that the enterprise created or will create at least ten (10) jobs for U.S. workers. EB-5 approval is conditional. Two years after the initial grant of EB-5 status, the investor must file to remove the conditions, by showing that certain investment requirements have been met.
The process of obtaining an investor visa begins with identifying a qualifying investment in consultation with a skilled immigration attorney. Once the investment is commenced, the investing foreign national files an I-526 petition. The processing time for this special petition is between 8 and 9 months. Fortunately, the EB-5 investor visa is a preference category that is current. In other words, beyond the 8-9 month processing time for the petition, there is no wait for your priority date to become current as is the case with other preference categories.
To learn more about investor visas read our blog entitled "A Look at Federal Laws that May Affect Foreign Investors"