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Investment-Based Immigration

Investor visas allow foreign entrepreneurs and investors to live and work in the United States by engaging in trade or making qualifying investments. The primary options are the E-1 Treaty Trader, E-2 Treaty Investor, and EB-5 Immigrant Investor programs.

Investor Visas – E-1 / E-2

The E-1 and E-2 classifications are available to nationals of countries that have a qualifying treaty of commerce and navigation, Bilateral Investment Treaty, or Free Trade Agreement with the United States. In most cases, the U.S. business must be at least 50% owned by nationals of the treaty country.

E-1 Treaty Trader

The E-1 visa is for individuals and companies engaged in substantial trade between the United States and the treaty country.

General E-1 requirements:

  • The applicant is a national of a treaty country.
  • The U.S. enterprise engages in substantial trade, meaning numerous, ongoing transactions of significant value.
  • At least 50% of the company’s international trade is between the United States and the treaty country.
  • The applicant will work in the U.S. as the principal trader, or as an executive, manager, or employee with specialized or essential skills.

E-2 Treaty Investor

The E-2 visa is for individuals investing a substantial amount of capital in a U.S. business.

General E-2 requirements:

  • The investor is a national of a treaty country.
  • The investor has invested, or is actively investing, a substantial amount of capital in a bona fide (real, active, and operating) U.S. enterprise.
  • The investment is not marginal; it must have the present or future capacity to generate more than minimal living income for the investor and family, or make a significant economic contribution.
  • The investor seeks to enter the United States solely to develop and direct the enterprise, usually shown by:
    • Owning at least 50% of the business; or
    • Having operational control through a managerial position or other corporate mechanism.

Family of E-1 and E-2 Visa Holders

The spouse and unmarried children under 21 of an E-1 or E-2 principal may accompany or follow to join the principal. In many cases, spouses may apply for work authorization in the United States.

EB-5 Immigrant Investor Program (Permanent Residence)

The EB-5 program allows qualifying foreign investors, along with their spouse and unmarried children under 21, to obtain lawful permanent residence (a green card) through a qualifying investment that creates jobs for U.S. workers.

Under the EB-5 Reform and Integrity Act of 2022, the EB-5 Regional Center Program is authorized through September 30, 2027, with enhanced oversight and compliance requirements.

Investment Requirements

As of June 2026, the minimum investment amounts are:

  • $1,050,000 for standard EB-5 investments
  • $800,000 for investments in Targeted Employment Areas (TEAs), including rural or high-unemployment areas
  • $800,000 for qualifying infrastructure projects

These thresholds are periodically adjusted for inflation.

Job Creation Requirement

All EB-5 investments must create at least 10 full-time jobs for qualifying U.S. workers.

  • Direct EB-5: The investor typically plays an active managerial role, and only direct employees on the enterprise’s payroll count for job creation.
  • Regional center EB-5: Investors may take a more passive role, and qualifying jobs may include direct, indirect, and induced employment, supported by approved economic models.

Regional Center Program

USCIS-designated regional centers:

  • Sponsor and structure EB-5 projects
  • Track and document job creation
  • Help ensure compliance with EB-5 program requirements

Because they allow pooled investments and indirect job counting, regional centers are a common choice for more passive investors.

Visa Set-Asides

The 2022 legislation created reserved visa categories to encourage specific types of projects:

  • 20% of EB-5 visas reserved for rural projects
  • 10% for high-unemployment TEA projects
  • 2% for qualifying infrastructure projects

These set-asides may reduce visa backlogs and can offer faster processing for eligible investors.

Conditional Residence and Compliance

Successful EB-5 investors first receive a two-year period of conditional permanent residence. To remove conditions and obtain full permanent residence, investors must show that:

  • The required capital investment has been sustained for the necessary period; and
  • The job-creation requirement has been met, or will be met within the allowed timeframe.

Our firm advises entrepreneurs and investors on E-1, E-2, and EB-5 options and guides clients through every stage of the investment-based immigration process, from initial strategy to final approval.

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