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.

 

ItemE-2 Investor VisaEB-5 Investor Visa

 

Length of VisaTemporary Visa but can be renewed indefinitely.  Visa can be approved for 5 years at Consulate but is often approved for less timeGreen Card – Permanent Resident Card
Amount of InvestmentDepends 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 CreatedNo specific number of jobs but company cannot be set up just to support Investor and his/her family10 Full-time jobs
Level of involvement of InvestorActive – no passive investment permittedActive or somewhat passive as investment can be through a regional center
Proof for Source of FundsMoney must come from a legitimate source and tracedMoney 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 businessInvestor must meet Green Card requirements.  Generally speaking, if you leave the U.S. for one year, you have abandoned your green card.
Restrictions on VisaThe 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 RequiredYesYes and the business plan has very specific requirements
Treatment of FamilySpouse 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 ProcessingCan be processed in as little as one monthOver one year
CostLegal 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 processMediumHigh

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 iscott@legalservicesincorporated.com for a consultation.

To find out more about the new rules or other investor visas, contact Scott Legal, P.C.

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Ian E. Scott, Esq. is the Founder of Scott Legal, P.C. He can be reached at 212-223-2964 or by email at info@legalservicesincorporated.com.


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