Should You Choose an E-2 or EB-5 Visa for Your Business Investment Residency?

If you’re considering a business venture in the U.S., you are likely considering applying for either E-2 or EB-5 residency. However, it is easy to get these two types of visas confused. 

Unlike the EB-5, E-2 visas provide temporary work visas for those who are:

  • Returning to their country of origin when their visa expires. The E-2 is a non-immigrant visa, meaning it will not develop into a permanent U.S. residency. 
  • From a country that currently has a trade agreement with the United States. Check here for a list of countries that qualify for E-2 visa status.
  • Entering the country solely in order to develop, oversee, and direct a business investment that will generate income and have a positive impact on the U.S. economy.
  • An executive employee of the business they intend to operate in the U.S.
  • Making a significant investment amount in the United States. Unlike the EB-5 visa, there is no minimum amount required to invest.

What do the differences between E-2 and an EB-5 visa mean to you and your family? It depends on what sort of business investment you are making. Those who wish to open, operate, or directly oversee a business in the U.S. may apply for an E-2 visa. If your family will also be working in your business, they may also be granted E-2 visas. At the end of your residency term, you will not be granted citizenship.

In contrast, the EB-5 is a green card visa. Approved immigrants will receive a conditional green card that may eventually be turned into lawful permanent residency. An EB-5 also does not carry employment restrictions, so applicants may be retired or pursue any career they wish while in the U.S.

The best way to decide how to proceed with your residency application is to seek the advice of a trusted San Francisco E-2 visa lawyer. At the Law Offices of Vaughan de Kirby, we can help you understand your investment options so you can make a decision that best suits the needs of you and your family. 

Call us today at (415) 221-2345 to get started, or click the link above for our FREE informational guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

Vaughan de Kirby
California Immigration Attorney

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