The E-2 visa is offered to investors where a qualifying treaty is in place between the U.S. and that individual’s country of nationality (i.e. the investor must hold the passport of the country that has the treaty). Upon opening a U.S. business and making a substantial investment that is destined to create jobs for more than just the investor and his/her family, an investor may apply for an E-2 visa at a consulate abroad, bypassing USCIS.

While the E-2 visa at present does not, in and of itself, offer a path to a Green Card, there is no limit to the number of times it can be renewed. The maximum duration for an E-2 visa is 60 months, although this will vary from country to country.

For individuals where no treaty exists, there may exist a path for the E-2 visa through citizenship by investment in the Grenada or Turkey visa programs. Upon awarding of a new nationality, these investors can then apply for an E-2 visa, provided that all other requirements are met.

The EB-5 Green Card is not limited by treaty. Upon the investment of $900,000 or $1.8 million (depending on geography) in a U.S. business that creates 10 jobs for U.S. workers, the immigrant investor may qualify for permanent residency. Most immigrant investors leverage licensed Regional Centers which serve to aggregate multiple investments and create jobs through economic modelling, as opposed to direct hires.

A through source-of-funds analysis is required for this highly complex, nuanced visa. Moreover, unlike most visa types, the EB-5 investor is subject to conditional residency. After 21 months of LPR status, h/she may remove the conditions on the EB-5 Green Card upon a showing that the promised jobs were created and the U.S. business and investment were sustained.

Matthew Galati is widely recognized by the EB-5 industry for his significant experience. He has been named a “Top 25 EB-5 Immigration Attorney” by EB-5 Investors Magazine, the industry’s most well-regarded publication.