Investment-Based Immigration
INVESTOR VISAS E-1 / E-2
These classifications are designated for temporary workers engaged in international trade or investment between the U.S. and their countries of nationality, provided that the employer or owner of the business is a national of a country that has a commercial treaty (Treaty of Friendship, Commerce, or Navigation, Bilateral Investment Treaty, or Free Trade Agreement) with the U.S.
E-1 Treaty Trader Visa is available to a foreign national if the following applies:
• The individual is the nationality of a treaty country
• Carry on substantial trade
• Carry on principal trade (at least 50% of the company’s international trade) between the United States and the treaty country
• The person is the principal trader, a manager or executive, or an essential employee
E-2 Treaty Investor Visa is available to a foreign national if the following applies:
• Be a national of a country with which the United States maintains a treaty of commerce and navigation;
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
• Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
The spouse and unmarried children (under 21 years of age) of an E-1 or E-2 visa holder may accompany the principal applicant.
EB-5 (Permanent Residence Through Investment)
The EB-5 Immigrant Investor Program allows foreign investors, along with their spouse and unmarried children under 21 years of age, to obtain lawful permanent residence (a green card) in the United States through a qualifying investment.
Under the EB-5 Reform and Integrity Act of 2022, the EB-5 Regional Center Program has been reauthorized through September 30, 2027, and significant reforms have been implemented to enhance oversight, transparency, and program integrity.
Investment Requirements
The current 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 subject to periodic adjustment for inflation under current law.
Job Creation Requirement
All EB-5 investments must result in the creation of at least 10 full-time jobs for qualifying U.S. workers.
- In direct EB-5 investments, the investor typically plays an active role in managing the business, and only direct employees count toward the job creation requirement.
- In regional center investments, investors may take a more passive role, and job creation may include direct, indirect, and induced employment based on economic modeling.
Regional Center Program
Regional Centers are entities designated by U.S. Citizenship and Immigration Services (USCIS) to sponsor EB-5 projects. These centers manage the investment and ensure compliance with EB-5 program requirements, making them a popular option for investors seeking a more passive investment structure.
Visa Set-Asides
The 2022 legislation introduced reserved visa categories to promote investment in specific sectors:
- 20% of EB-5 visas are reserved for rural projects
- 10% for high-unemployment TEA projects
- 2% for infrastructure projects
These set-asides may offer reduced visa backlogs and faster processing for eligible applicants.
Conditional Residence and Compliance
Successful EB-5 applicants are initially granted conditional permanent residence for a two-year period. To remove conditions, investors must demonstrate that:
- The required capital investment has been sustained, and
- The job creation requirements have been fulfilled
Given the recent changes in law, policy, and pending litigation modifying the requirements for EB-5 investments, it is important to discuss your eligibility with an experienced immigration attorney. If you are interested in obtaining or learning more about the EB-5 visa, schedule a consultation with Lizette Sierra.
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