EB-5 is an immigrant visa. EB-5 allows a foreign national, his/her spouse and children under 21 obtain permanent residency status, Green Card. This category is reserved for the foreign nationals who invest (one million dollars or $500,000) into a new American commercial enterprise that creates ten jobs for American citizens or authorized immigrant workers.

Immigrant Visa
There are two ways to invest, direct investment and investment through Regional Center. Direct investment means that investor creates new business, invests the required amount into it, creates ten jobs and manages it. Regional Center is a U.S. government approved organization established to conduct a project. Investment through Regional Center means that investor does not have to actually run the business.

When approving Regional Center, USCIS has accepted that each investor’s contribution to the project through Regional Center will indirectly create ten jobs.

E-2 is a non-immigrant visa. This type of visa permits foreign nationals to live and to establish business in the United States. Investor can buy an existing business, franchise or can create its own business.

There is no requirement of investment dollar amount like for EB-5 program, but the investment must be “substantial.” There is no limit on the number of times the E-2 visa can be renewed. Basically, E-2 visa can always be renewed as long as the business in the U.S. meets E-2 requirements. E-2 visa does not allow the investor to apply for Green Card, however, transition from E-2 to EB-5 is possible for certain projects.

Immigrant Visa

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