Both begin with capital placed in a U.S. business. They differ in what the investor receives, in who may apply and in what the law asks of the investment.
| What is compared | E-2 · treaty investor | EB-5 · immigrant investor |
|---|---|---|
| What approval gives | A temporary (nonimmigrant) status. The stay is granted for up to two years and can be extended in periods of up to two years, with no limit on the number of extensions. | Permanent residence — a Green Card. It is conditional for the first two years; Form I-829 asks to remove the conditions. |
| Who may apply | A national of a country that has a qualifying treaty with the United States. | An investor of any nationality: the law names no list of countries. Whether an immigrant visa is available depends on the category and the country of chargeability, usually the country of birth. Presidential proclamations can also suspend entry for nationals of particular countries. |
| Investment | No set dollar figure. The amount must be substantial in relation to the cost of buying or creating the business. | $1,050,000, or $800,000 in a targeted employment area or an infrastructure project. |
| The business and your role | A real, operating business that the investor comes to develop and direct, with at least 50% ownership or operational control. | A new commercial enterprise. An investor may take part through a regional center designated by USCIS; a regional center investor files Form I-526E. |
| Jobs | The business may not be marginal: it must have the present or future capacity to generate more than a minimal living for the investor and family, or to make a significant economic contribution. | Each investment must support at least 10 qualifying full-time jobs for U.S. workers. |
| Capital at risk | Yes. The capital must be subject to partial or total loss if the business fails. | Yes. The capital must be at risk: there is a possibility of loss as well as a chance of gain. |
| Family | Spouse and unmarried children under 21 may accompany the investor. The spouse is authorized to work; the children are not. | Spouse and unmarried children under 21 may apply for permanent residence together with the investor. |
| What comes after | The investor must maintain an intention to depart when the status ends. Permanent residence requires a separate immigrant petition. | A permanent resident may apply for citizenship after five years if the naturalization requirements are met; the investment itself does not confer citizenship. |
- What is the difference between an E-2 and an EB-5 visa?
- E-2 is a temporary status for nationals of countries that have a qualifying treaty with the United States: the investor directs a business, the stay is granted for up to two years at a time, and no dollar minimum is fixed. EB-5 is an immigrant category: an investment of $1,050,000, or $800,000 in a targeted employment area or infrastructure project, that supports ten full-time jobs can lead to permanent residence for the investor, spouse and unmarried children under 21.
- How much money do you need for a U.S. investor visa?
- It depends on the route. For E-2 the rules set no dollar figure: the investment must be substantial in relation to the cost of buying or creating the business, so the lower that cost, the higher the share that must be invested. For EB-5 the minimum is $1,050,000, or $800,000 for a project in a targeted employment area or an infrastructure project. Government filing fees and legal fees are paid separately from the investment. USCIS provides for an adjustment to the EB-5 amounts on 1 January 2027.
Sources & date checked ·
- USCIS · E-2 treaty investors ↗
- Foreign Affairs Manual · 9 FAM 402.9, treaty traders and investors ↗
- Code of Federal Regulations · 8 CFR 214.2(e), treaty investors ↗
- USCIS · EB-5 program ↗
- USCIS · investment and job requirements ↗
- USCIS · removing residence conditions ↗
- USCIS · visa availability and priority dates ↗
- USCIS · naturalization after five years of permanent residence ↗

