While E-2 and EB-5 are both Investor visas, they have several differences. This chart summarizes many of the key differences between the two investor visas.
|Item||E-2 Investor Visa||EB-5 Investor Visa
|Length of Visa||Temporary Visa but can be renewed indefinitely. Visa can be approved for 5 years at Consulate but is often approved for less time||Green Card – Permanent Resident Card|
|Amount of Investment||Depends on the type of business but can be as low as $50,000||$500,000 or $1,000,000 depending on where the business is located|
|Number of Jobs That Must Be Created||No specific number of jobs but company cannot be set up just to support Investor and his/her family||10 Full-time jobs|
|Level of involvement of Investor||Active – no passive investment permitted||Active or somewhat passive as investment can be through a regional center|
|Proof for Source of Funds||Money must come from a legitimate source and traced||Money must come from a legitimate source and traced and requirement is more extensive than the source of funds requirement for E-2 Visas|
|Time Investor Must Spend in the U.S.||No set time but Investor must actively manage the business||Investor must meet Green Card requirements. Generally speaking, if you leave the U.S. for one year, you have abandoned your green card.|
|Restrictions on Visa||The investor can only work for the business that was purchased or created. This visa is a non-immigrant visa with the same restrictions as other non-immigrant visas.||An Immigrant visa (green card) but the green card is conditional for the first two years. After two years, Investor must apply to have the conditions removed by showing 10 full-time jobs have been created.|
|Business Plan Required||Yes||Yes and the business plan has very specific requirements|
|Treatment of Family||Spouse and minor children may also get E-2 visa. Spouse can apply for work authorization. Children can go to school but cannot work.||Spouse and minor children also get green cards|
|Timing for Application Processing||Can be processed in as little as one month||Over one year|
|Cost||Legal fees of $5,000-$6,000 and $270 if filed at a consulate.||Legal fees over $25,000 and filing fees over $2,000.|
|Level of Complexity of the visa process||Medium||High|
For additional legal advice on E-2 or EB-5 visas contact Scott Legal, P.C.. We offer services in a number of business areas including, Immigration, New Business set up, Contract review and development and entrepreneurial support. Call 212-223-2964 or email email@example.com for a consultation.