For investors
E-2, EB-5 and E-1 visas for investors
Investing can open a work visa or a green card, but the rules differ a lot. Here is what each route asks for, what it costs, and what investing alone does not do.
Last checked October 2026 · Sources
- E-2 minimum investment
- No fixed amount
- EB-5 minimum
- $800,000 or $1,050,000
- E-2 legal fee from
- $7,500
- EB-5 legal fee from
- $30,000
Quick answer
Which visa or green card fits an investor?
Investors usually compare E-2, EB-5 and E-1. E-2 is a renewable work visa for nationals of treaty countries who invest substantial capital in a real business they direct. It has no fixed minimum. EB-5 is a green card. As of October 2026, USCIS lists $1,050,000, or $800,000 in a targeted employment area, plus 10 full-time jobs.
- E-2 and E-1 are temporary visas. You must plan to leave when your status ends.
- EB-5 leads to a green card. It needs job creation, not just money.
- E-1 is for traders, not investors: over 50% of your international trade must be with the US.
- Investing is not an EB-1A criterion. On its own, it does not meet the NIW test either.
Compare routes
E-2 vs EB-5 vs E-1 for investors
The fit column is practical guidance. A partner-firm attorney confirms what fits your case.
| Route | What you get | Fit for investors | Key hurdle | Our legal fee from |
|---|---|---|---|---|
| E-2 | Work visa. Up to 2 years at first, extensions of up to 2 years each, no set limit. | You are a treaty-country national and will run the business | Substantial capital at risk in a real business that is not marginal. You own at least 50% or have operational control. | $7,500 |
| EB-5 | Green card | You can invest the required amount and want permanent residence | $1,050,000, or $800,000 in a targeted employment area or infrastructure project, from lawful funds, creating 10 full-time jobs | $30,000 |
| E-1 | Work visa. Up to 2 years at first, extensions of up to 2 years each. | You run an existing trading business with your home country | Substantial, continuous trade. Over 50% of your international trade is between the US and your treaty country. | Quoted on request |
| EB-1A or EB-2 NIW | Green card, you can file for yourself | Only if your own record qualifies, apart from the money | EB-1A: a major award or 3 of 10 criteria. NIW: an advanced degree or exceptional ability, plus the Dhanasar test. | $8,995 EB-1A, $7,995 NIW |
Sources: USCIS E-2 page (updated 08/20/2026), USCIS E-1 page (updated 04/08/2025), About the EB-5 Visa Classification (updated 11/18/2025), 8 CFR 214.2(e) and 8 CFR 204.6. The EB-5 amounts come from the USCIS page. The older dollar figures still printed in 8 CFR 204.6(f) are not the ones USCIS lists. Legal fees are the partner firm’s fees. Government fees are separate. See pricing.
What the rules ask for
What each investor route needs you to show
Plain-English summary of the rules. The evidence column is practical guidance.
| Requirement | Route | What the rule says | Typical evidence |
|---|---|---|---|
| Treaty nationality | E-2, E-1 | You are a national of a country with a qualifying treaty with the US. Employees must share that nationality. | Passport |
| Substantial capital | E-2 | Substantial compared with the cost of buying or starting the business. The cheaper the business, the higher the share you invest. | Purchase agreement, bank transfers, business plan |
| Capital at risk | E-2, EB-5 | Money placed at risk to earn a profit, which you could partly or fully lose. A plan to invest later is not enough. | Funds spent on the business or committed to it |
| Not marginal | E-2 | The business must be able to earn more than a minimal living for you and your family, or make a significant economic contribution, generally within 5 years. | Business plan, payroll, revenue |
| Lawful funds | E-2, EB-5 | Capital cannot come from criminal activity. EB-5 petitions must show capital obtained through lawful means. | Tax returns, sale documents, bank records |
| 10 full-time jobs | EB-5 | Each investment must create full-time positions for at least 10 qualifying employees. Regional center investors may count indirect jobs. | Payroll records or an economic model |
Sources: 8 CFR 214.2(e)(12), (14), (15) and (16); 8 CFR 204.6(j); USCIS EB-5 page. The EB-5 amounts apply to petitions filed on or after March 15, 2022. The USCIS page (updated 11/18/2025) says the first inflation adjustment is effective for petitions filed on or after Jan. 1, 2027. It does not list the new amounts.
A common myth
Does investing make you eligible for EB-1A or the NIW?
Not on its own. EB-1A judges your extraordinary ability, such as awards, press, or business contributions of major significance (8 CFR 204.5(h)(3)). The amount you invest is not one of the 10 criteria. The NIW needs an advanced degree or exceptional ability, then a proposed endeavor of national importance that you are well positioned to advance.
Money can still matter as evidence. The Policy Manual says investment in your venture by an outside investor “may provide independent validation” for an NIW. That means money others put into your work, not your own investment. It also says broad claims about jobs and the economy will not establish NIW eligibility. Read NIW for STEM and entrepreneurs.
Get started
Where investors usually start
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Check your nationality
E-2 and E-1 depend on a treaty with your country. Check the State Department’s treaty list before you plan around them.
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Decide: visa or green card
E-2 is renewable but temporary. EB-5 is permanent, with a much larger investment and job creation.
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Trace your funds
Gather records showing where your money came from and how it moves into the business.
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Test your own record
If you built companies or products, EB-1A or the NIW may also fit. See profile building for founders.
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Choose the route with an attorney
A partner-firm attorney confirms what fits before you commit any money.
FAQ
Questions people ask
There is no fixed dollar amount. The capital must be substantial compared with the cost of the business and enough to show your commitment (8 CFR 214.2(e)(14)).
USCIS lists $1,050,000, or $800,000 in a targeted employment area or infrastructure project, for petitions filed on or after March 15, 2022. USCIS says the first inflation adjustment is effective for petitions filed on or after Jan. 1, 2027. Its page (updated 11/18/2025) does not list the new amounts.
Not by itself. E-2 holders must intend to leave when their status ends. A filed or approved immigrant petition alone cannot be the only reason to deny E-2 status, but you need a separate green card route.
Investing is not an EB-1A criterion. You need a major award or 3 of 10 criteria about your own achievements. A partner-firm attorney can see whether your work as a founder or leader fits.
In most cases, yes. USCIS says spouses of E-2 workers in valid status are employment authorized incident to status. Spouses of E-2 CNMI investors are the exception and must apply.
Not sure if money or merit is your route?
Upload your resume to see where you stand on EB-1A and NIW. A partner-firm attorney reviews E-2 and EB-5 plans.
Sources · checked October 2026
- USCIS, E-2 Treaty Investors (updated 08/20/2026)
- USCIS, E-1 Treaty Traders (updated 04/08/2025)
- USCIS, About the EB-5 Visa Classification (updated 11/18/2025)
- 8 CFR 214.2(e), treaty traders and investors (eCFR, current to 2026-09-21)
- 8 CFR 204.6, EB-5 definitions and initial evidence (eCFR, current to 2026-09-21)
- 8 CFR 204.5(h) and (k) (Cornell LII)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 5, EB-2 and NIW
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
