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 | $800,000 or $1,050,000 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 |
I’m interested in small business. Question 1:I’m free to work at any city in USA? Question 2:How much time it’s take the whole process?
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Very useful information. I have a question::
Is there a difference between these two visas in transfer of fund mechanism?