E-2 and EB-5 both start with an investment in a U.S. business, but they lead to different places. E-2 lets a treaty-country national run a U.S. company in temporary status, while EB-5 leads to a green card. For these two categories, U.S. immigration law sets very different rules on nationality, capital, job creation, and the investor’s role.

Having the money is rarely what decides the matter. Consider two hypothetical investors. A Japanese entrepreneur wants to buy a $300,000 restaurant in Austin, Texas, and run it himself. Japan has an E-2 treaty with the United States, so this route is open to him, and his task is to show that the investment is substantial for that particular business. A Brazilian investor wants a Green Card for her family. Brazil has no E-2 treaty, so she turns to EB-5 and places $800,000 in a hotel project in a targeted employment area (TEA), a rural or high-unemployment area where the law allows a lower minimum investment.

E-2 vs. EB-5: Key Differences at a Glance

FactorE-2 Treaty Investor VisaEB-5 Immigrant Investor Program
Main immigration goalTemporary status to develop and direct a U.S. businessLawful permanent residence (a Green Card)
Nationality requirementMust be a national of a treaty countryNo treaty-country requirement
Investment amountNo statutory minimum; must be substantial relative to the business$1,050,000, or $800,000 in a TEA or infrastructure project (petitions filed before January 1, 2027)
Business activityA real, operating enterprise that is not marginalA qualifying new commercial enterprise
Job creationNo fixed number, but the business cannot be marginalAt least 10 qualifying full-time jobs
Investor’s roleMust develop and direct the enterpriseDepends on the structure; direct and regional center investments differ
Source of fundsLawful source, committed to the business, at risk of lossLawful source and full path of the capital must be documented
Permanent residenceNot provided by E-2 statusThe purpose of the program
Family membersSpouse may work; unmarried children under 21 may study but not workSpouse and unmarried children under 21 may receive Green Cards as derivatives

E-2 Visa: For Entrepreneurs Who Want to Run a Business in the U.S.

E-2 is open only to nationals of countries with a qualifying treaty, and the Department of State keeps the current list. You must come to the U.S. to develop and direct the business, and nationals of your treaty country must own at least 50% of it.

How much do you need to invest?

The law sets no minimum. The Foreign Affairs Manual (9 FAM 402.9-6(D)) asks a different question: is the investment substantial compared with what this business costs to buy or start? The cheaper the business, the larger the share of its cost you are expected to cover.

You will often see $100,000 mentioned, and many E-2 cases do involve that much or more. It is not a legal minimum, though. Depending on the facts, $90,000 may be substantial for a small service company with low start-up costs, while $200,000 may fall short for a manufacturer that needs $1 million in equipment.

The funds must be irrevocably committed to the business and at risk of loss. Capital you can still freely withdraw does not count, while money already spent on a lease, equipment, inventory, or the purchase of the business does, as can funds held in a qualifying escrow arrangement. As 9 FAM 402.9-6(B) explains, a loan secured by the business’s own assets does not qualify, because you would carry no real risk. The money also needs a lawful source, and you should be ready to show where it came from and how it reached the company.

What kind of business qualifies?

The business has to actually operate, so idle or speculative holdings, such as undeveloped land, do not qualify.

It also cannot be marginal, which means it must be able to earn more than a modest living for the investor and their family, or make a significant economic contribution like creation of job offers on the US market. A new company does not need to get there on day one. Under State Department guidance (9 FAM 402.9-6(E)), that capacity should generally be realizable within five years of starting normal operations, which is why a credible business plan with financial projections carries so much weight.

Ownership, decision-making authority, and your actual role in the company show whether you will direct the business or simply fund it.

What does E-2 status mean for the investor?

E-2 is a non-immigrant visa, so you must intend to leave when your E-2 status ends, and that status never turns into a Green Card. Another immigration route may open later, but it has to be pursued separately.

The visa and the period of stay are two different things. The visa stamp lets the holder seek entry, and how long it stays valid depends on your nationality. Each admission is generally for up to two years. USCIS can grant extensions in increments of up to two years, with no fixed numerical limit, as long as you and the business still meet the requirements.

Your spouse and unmarried children under 21 can come with you. A spouse in E-2s status can work for any employer without a separate work permit. Unmarried children under 21 can attend school but cannot work on the basis of E-2 status.

EB-5 Green Card: An Investment-Based Pathway to Permanent Residence

The EB-5 program offers a green card in exchange for a qualifying capital investment that creates jobs, and the investor’s spouse and unmarried children under 21 can be included. Approval is not automatic, and for applicants from countries with heavy demand, visa availability can add years to the process. The USCIS EB-5 page gives an official overview.

How much capital is required?

For petitions filed before January 1, 2027, the minimum is:

  • $800,000 in a targeted employment area (TEA) or a qualifying infrastructure project
  • $1,050,000 in all other cases

Both amounts are scheduled for their first inflation adjustment on January 1, 2027, and the statute provides for another one every five years after that. What counts is the amount in effect on the filing date, so check the current figures in the USCIS Policy Manual before committing capital.

TEA and infrastructure investments also come with reserved visas. The USCIS Policy Manual explains that 20% of EB-5 visas each year are reserved for investors in rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects. The Visa Bulletin lists these reserved categories separately from the unreserved one, which matters most if you come from a country with long waits.

Where must the money come from?

The investor must show two things: where the money came from and how it got to the project. Proceeds from selling a company call for different paperwork than a gift from a parent or a loan secured by personal property. Either way, the trail has to be documented from start to finish, including every account the funds passed through.

The money must also be at risk. EB-5 is not a guaranteed-return product, and an arrangement that promises to repay the capital on a fixed date may not meet the program’s rules. Under the USCIS Policy Manual, the investment needs a real chance of loss as well as a chance of gain. You are really making two separate decisions: whether the project is a sound investment, and whether it satisfies EB-5.

What are the job-creation requirements?

Each investment must create at least 10 full-time jobs for qualifying U.S. workers, and positions filled by the investor, their spouse, or their children do not count.

How those jobs are counted depends on the structure. In a direct investment, they have to be actual positions in the business. A regional center project can also count indirect and induced jobs, for example at suppliers or elsewhere in the local economy, based on accepted economic methodologies.

Direct investment or regional center?

A direct investment usually means running or closely managing the business. A regional center allows a more passive role, often as a limited partner in a larger project, in exchange for less control over how the capital is used. Regional center investments also depend on the program’s authorization, covered in the dates section below.

Three Common Misconceptions

  • “E-2 requires at least $100,000.” No law sets that figure. Many cases involve that much or more, but what counts is whether the amount is substantial for your particular business.
  • “E-2 leads to a Green Card.” It does not. E-2 can be extended for as long as the business qualifies, but permanent residence requires a separate petition in another category, such as EB-5.
  • “A good EB-5 project guarantees your money back.” A project cannot promise that and still meet the at-risk requirement. Immigration approval and the repayment of capital are two separate questions.

Key EB-5 Dates for 2026 and 2027

Three dates matter for anyone planning an EB-5 investment in the coming months:

  • November 30, 2026. New USCIS fees apply to EB-5 filings postmarked on or after this date, under the final fee rule.
  • January 1, 2027. The minimum investment amounts receive their first inflation adjustment.
  • September 30, 2027. The regional center program’s current authorization ends unless Congress extends it.

One deadline has already passed. Under 8 U.S.C. § 1153(b)(5)(S), regional center petitions filed on or before September 30, 2026, will keep being processed even if the program lapses. Later filings have no such protection, although direct EB-5 investments are not affected by the regional center sunset.

Congress can change any of these dates, so the program’s status is worth checking right before filing.

Which Route Fits Your Plans?

Back to where this started: the size of your bank balance rarely settles the choice. E-2 fits if you hold a treaty nationality and want to run a U.S. business yourself, knowing the status stays temporary however long it lasts. EB-5 fits if a green card for your family is the goal and you can commit a larger amount, document every step of its path, and accept that the investment is at risk. The deciding questions are often about nationality, control and long term goals of an applicant.

If you want to see how these requirements apply to your situation, PassRight can walk you through the E-2 and EB-5 routes. It starts with a free call. If a route looks promising, the Law Offices of Jacob J. Sapochnick reviews your case before you commit to anything.

Frequently Asked Questions

Can I start with an E-2 visa and apply for EB-5 later?

It can be done, but timing matters. E-2 status never converts into a green card, so you have to qualify for EB-5 separately. The harder part is intent. The E-2 visa requires an intention to leave when your status ends, and if you have an immigrant petition on file, you may need to convince the consulate of that intention at your next E-2 renewal. The Foreign Affairs Manual (9 FAM 402.9-4(C)) addresses this directly. Filing dates, travel, and renewals are worth planning with an immigration attorney.

Are EB-5 investment returns guaranteed?

No. EB-5 guarantees neither a return nor the repayment of capital, and a guaranteed return could even conflict with the at-risk requirement. The investment should be judged on its financial merits, separately from the immigration benefit.

How long does it take to obtain E-2 status compared with an EB-5 Green Card?

An E-2 case involves a single decision, at a consulate or by USCIS. EB-5 has several stages: the I-526E petition, then a Green Card through adjustment of status or an immigrant visa abroad, and later the I-829 to remove the conditions on your permanent resident status. For investors from countries with high demand, visa availability can add significant time. Current figures are available from the State Department’s visa wait times, USCIS processing times, and the Visa Bulletin.

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