Investor Visas: Understanding the E-2 and EB-5 Visa Categories

June 30, 2025

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 Investor Visas: Understanding the E-2 and EB-5 Visa Categories

The United States offers several pathways for foreign nationals looking to invest in the U.S. economy, including the E-2 and EB-5 visa categories. These investor visas allow individuals to live and work in the U.S. based on a qualifying investment in a U.S. business. At Lively Law Firm, we help clients navigate the complexities of these visa processes so they can pursue their investment and immigration goals with confidence.


What Is the E-2 Visa?


The E-2 visa is a nonimmigrant visa available to citizens of countries that have a treaty of commerce and navigation with the United States. It allows an individual to enter and work in the U.S. based on a substantial investment in a U.S. enterprise. Key features include:


  • Investment Requirement: There is no set minimum amount, but the investment must be “substantial” and sufficient to ensure the success of the enterprise.
  • Ownership: The investor must own at least 50% of the business or have operational control.
  • Renewable Visa: The E-2 can be renewed indefinitely as long as the business remains active and meets visa conditions.
  • No Direct Path to Green Card: E-2 visa holders must explore separate pathways if they seek permanent residency.


What Is the EB-5 Visa?


The EB-5 visa is an immigrant visa that leads to a green card. It requires a larger investment but offers a direct path to permanent residence.


  • Minimum Investment: $1,050,000 generally, or $800,000 if the investment is made in a Targeted Employment Area (TEA).
  • Job Creation: The investment must create or preserve at least 10 full-time jobs for U.S. workers.
  • Permanent Residency: Successful EB-5 applicants, along with their spouse and children under 21, can obtain green cards.
  • Regional Center Option: Investors can choose to invest in a government-approved Regional Center project, which may simplify job creation requirements.


Choosing Between the E-2 and EB-5


The E-2 may be preferable for those seeking a quicker, lower-cost entry into the U.S. business environment. The EB-5 is more suitable for investors who want a long-term solution and permanent residency. Both require careful planning, documentation, and compliance with U.S. immigration laws.


How Lively Law Firm Can Help


At Lively Law Firm, we assist foreign investors through every stage of the visa process—from choosing the right visa category to preparing documentation and ensuring compliance with all legal requirements. Whether you're considering launching your own business or investing in a larger enterprise, we provide the legal support needed to move forward with confidence.