E-2: operate a qualifying treaty enterprise
An E-2 investment must be substantial in relation to the enterprise, though a specific dollar requirement does not exist, and it must meet the applicable commitment and at-risk requirements. The business must be genuine and not marginal, and the investor must be seeking the E-2 visa to develop and direct the business. Treaty nationality and ownership are threshold issues.
There is no universal minimum dollar amount that guarantees E-2 approval. An acquisition and a startup will have much different evidence requirements. The business plan should be tied to actual funding, premises, licensing, customers, and staffing rather than optimistic projections alone.
EB-5: investment-based permanent residence
An EB-5 investor visa involves a qualifying investment and the creation of at least ten qualifying full-time jobs. Under the current statutory framework, the usual investment amounts are $1,050,000 or $800,000 for a qualifying Targeted Employment Area (TEA) or infrastructure project, subject to future statutory adjustments.
Standalone and regional center cases use different structures and evidence. The regional center allows a relatively more “hands-off” approach in providing funding for an existing project, while the standalone option provides investors with considerable flexibility in starting and running a business in the United States as long as baseline requirements are met. The investor must document the lawful source and path of funds. EB-5 permanent residence is initially conditional, with a later filing to remove the investment-related conditions and keep the green card. In any event, neither regional center participation nor standalone petition approval guarantee investment performance.
Other routes may fit your business better
A business with substantial qualifying import/export trade may warrant E-1 analysis rather than an investor petition. A multinational company transferring a manager or specialized knowledge worker may prefer L-1 as an often quicker and smoother option. An entrepreneur’s professional record and proposed work may also support a separate employment-based analysis.
These are not interchangeable ways to purchase status. Each route requires its own facts and careful consideration of the investor’s actual role, family plans, expected travel, and the company’s ability to maintain the requirements over time.
Review before committing funds
If you are researching an investor visa for the USA, begin with a clear account of the transaction and the source of the capital. Ownership agreements, purchase terms, bank records, financing, and business projections can affect the immigration case.
Moro Legal can review the immigration options and evidence. Independent financial, commercial, tax, and securities advisers may be needed for the investment itself. Before transferring funds, identify which documents will be needed and whether the transaction structure is compatible with the intended immigration path.
