E2 Visa vs EB-5 Visa – The 7 Key Differences
The E2 visa and the EB-5 visa are both great options to consider if you are an investor or entrepreneur looking to come to the US.
At first glance, both of these visas appear to be very similar. Both visas allow you to come and work in the US based on making an investment in a US business.
Yet, both of these visas are very different in many ways.
The right visa for you will depend on your particular immigration goals and your individual circumstances.
This article will go over the 7 main differences between the E2 visa and the EB-5 visa.
When you are finished reading, you should have a better understanding of which visa is best for you.
If you have any questions about any of the points we cover, feel free to email me at Michael@AshooriLaw.com. I’m here for you.
Now, lets get started…
Roadmap of what we will cover:
1. Nonimmigrant vs. Immigrant Visa
2. Nationality Requirement
3. Minimum Investment Amount
4. Job Creation
5. Source of Funds
6. Timeline
7. Work Authorization
1. Nonimmigrant vs. Immigrant Visa
The first major difference between the E2 visa and the EB-5 visa is that the E2 visa is a nonimmigrant visa, and the EB-5 visa is an immigrant visa.
Nonimmigrant visas are temporary and do not directly lead to a green card.
Immigrant visas lead to a green card and lawful permanent residence in the US.
This means that with an EB-5 visa you are eligible to get a green card and become a lawful permanent resident.
With an E2 visa, you can still live and work in the United States while you are in lawful status, but your visa will not directly lead to a green card. In order to go from an E2 visa to a green card, you will need to “adjust status” to an immigrant visa status, or apply for an immigrant visa.
Also, because the E2 visa is a nonimmigrant visa, you are required to have the “intent to depart” the US once your E2 status ends.
The EB-5 visa does not require you to have the intention of leaving the US.
2. Nationality Requirement
The next major difference between the EB-5 visa and the E2 visa has to do with your nationality.
The E2 visa is only available to people possessing the nationality of a country with an E2 treaty with the US.
To check whether your country has an E2 treaty with the US, you can visit the US Department of State website here:
https://travel.state.gov/content/visas/en/fees/treaty.html
I’ve also typed out the list of countries here:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Taiwan, Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.
There are quite a few major countries that do not have E2 treaties with the United States, including:
- China
- Russia
- Brazil
- India
This means that nationals from countries that do not have E2 treaties with the US are not eligible for an E2 visa.
On the other hand, the EB-5 visa has no nationality requirement. You can be a national from any country and be eligible for an EB-5 visa.
3. Minimum Investment Amount
The next major difference between an E2 visa and an EB-5 visa has to do with you minimum investment amount.
For an EB-5 visa, you are required to invest a minimum of $1 million in a US business. If you invest in a “targeted employment area” you can qualify to invest a reduced amount of $500,000.
A targeted employment area is an area of high unemployment or a rural area.
On the other hand, the E2 visa does not have a set minimum investment amount. To get an E2 visa, you need to invest a “substantial” amount in a US business. The regulations do not clearly define a set minimum amount that is considered substantial.
Instead, the minimum investment amount for an E2 visa is based on a “proportionality test.”
This means that, for an E2 visa, the amount you invest will be compared to the total amount of a comparable established business.
For lower cost businesses, your investment is expected to be a larger proportion of the total established business cost. For higher cost businesses, your investment can be a lower proportion of the overall established business cost.
This concept can be confusing.
As a rule of thumb, we recommend that your investment should not be less than $50,000 for an E2 visa.
4. Job Creation
The next major difference between the E2 visa and the EB-5 visa has to do with job creation.
To get an EB-5 visa, you are required to create 10 full-time jobs for US workers. These jobs must be created before you get your permanent green card.
To get an E2 visa, there is no formal requirement for you to create jobs.
Instead, to get an E2 visa, you must show that the business you are investing in is not “marginal.”
A marginal business is a business that does not have the present or future capacity to generate enough income to provide more than a minimal living for the E2 investor and their family.
So to meet the marginality requirement for an E2 visa, you can show that your business will generate enough income to provide more than a minimum living for you and your family.
You could also meet the marginality requirement by showing that your business will have the need to hire US workers and therefore have a positive impact on the US economy.
So for an E2 visa, you can show US job creation but it is not necessary the same way it is for an EB-5 visa.
5. Source of Funds
For the E2 visa and the EB-5 visa, you are required to show that your investment capital was earned lawfully.
Some examples of lawful sources of funds are:
- Earnings from lawful employment
- Earnings from the sale of a property
- Earnings from the sale of a business
- A Gift
- A loan
- And many others
While both the E2 visa and the EB-5 visa require that your funds come from a lawful source, the difference is in how strictly this requirement is enforced.
To get an EB-5 visa, the lawful source of funds requirement is scrutinized more heavily than for an E2 visa.
For an EB-5 visa, you should be prepared to provide a lot of documentation proving exactly how your funds were obtained.
6. Timeline
The next major difference between the E2 visa and the EB-5 visa has to do with the length of time it takes to get the visa.
It takes much longer to get an EB-5 visa than it takes to get an E2 visa.
See below for a detailed explanation:
The EB-5 process is a very long and multi-step process:
Step 1 — I-526 Processing
- The first step to get an EB-5 visa is to file a Form I-526.
- It currently takes about 18 months on average for USCIS to process an I-526.
Step 2 — Adjustment of Status or Visa Processing
- The second step to get an EB-5 visa is to “adjust status” or go through consular processing.
- Adjustment of Status: takes about 6 months
- Consular Processing: takes about 8 to 12 months
Step 3 — Conditional Lawful Permanent Residency:
- After you complete Step 2, you get a 2 year conditional green card.
Step 4 — I-829 Processing
- 3 months before your conditional green card expires, you are supposed to file a Form I-829 to become an unconditional green card holder.
- The current processing time for the Form I-829 is roughly 2.5 years.
As you can see, the EB-5 process is long and takes multiple steps.
On the other hand, the E2 visa is much quicker and the process is easier.
There are 2 ways to apply for an E2:
- Change of Status
- Visa Processing
Change of Status:
- A Change of Status is done entirely in the US.
- The regular processing time for a Change of Status is about 3 months
- You can pay an additional fee for Premium Processing to get your application processed in 15 days.
- These are the forms that your attorney will file:
- Form I-129 as well as the E Supplement
- Form I-539 for your dependents
Visa Processing:
- Visa Processing is done in a US Consulate abroad
- This process takes about 3 months
- These are the forms that your attorney will file:
- Form DS-160
- DS-156 E
- DS-160s for your dependents
7. Work Authorization
The next major difference between the E2 visa and the EB-5 visa has to do with your ability to work in the US.
Both visas authorize you to work in the US.
The difference is in the extent to which you can work.
E2 Visa
- With an E2 visa, as the principal investor, you are only allowed to work for the E2 business.
- You are required to come to the US to “direct and develop” the E2 business.
- Your spouse can apply for work authorization to work for any company.
EB-5 Visa
- With an EB-5 visa, you are authorized to work for any company.
- You are still required to “engage in the management” of the EB-5 business. But you can work for other companies as well.
- Your spouse can also work for any company.
Conclusion:
There are 7 main differences between the E2 visa and the EB-5 visa:
1. The E2 visa is a nonimmigrant visa. The EB-5 visa is an immigrant Visa.
2. The E2 visa is only available to people who possess the nationality of a country with an E2 treaty with the US. The EB-5 visa is not limited to certain countries.
3. The EB-5 visa requires that you make a minimum investment of $500,000. The E2 visa has no minimum investment amount, but requires that you invest a “substantial” amount of capital.
4. The EB-5 visa requires that you create 10 full-time jobs for US workers. The E2 visa has no job creation requirement. Instead, the E2 visa requires that your business not be “marginal.”
5. Both the E2 visa and the EB-5 visa require that the source of your investment funds be lawful. For the EB-5 visa, this requirement is enforced more strictly.
6. Getting an E2 visa is much faster than getting an EB-5 visa. The E2 visa can be processed in as little as 15 days with premium processing. The EB-5 visa currently takes about 2 years to process.
7. With an E2 visa you, as the principal E2 investor, can only work for the E2 company. With an EB-5 visa, you can work for any company.
__________
Now that you’ve read the 7 differences between the E2 visa and the EB-5 visa, you should have a better idea about which visa is best for you.
Still, before you decide on which visa you will apply for, I highly recommend consulting with an experienced immigration lawyer.
An immigration lawyer can help you pick the best visa option based on your individual goals and circumstances.
You may find out that there is a visa option that better suits your needs than either an E2 or EB-5 visa.
An immigration lawyer can also give you an idea of how likely it is that your application will be successful.
Ashoori Law is a full-service immigration law firm focused on helping investors and entrepreneurs get visas to the United States.
We would be happy to answer any questions you have. Feel free to reach me directly at Michael@AshooriLaw.com
Helping investors and entrepreneurs succeed is one of my passions and I would love to help you as well!
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Professional lawyers
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Chiyuki Williams
1677605666
Our journey started with a friendly call with Ehsan who ensured us that they would look after our E2 application process. We choose Fernando as our franchise consultant, who was very friendly, competent and did a thorough job introducing us to many... franchises. Fernando matched us with the very best franchisees. We were also very fortunate as we were assigned a competent immigration attorney, Cristina, who was very friendly yet professional. Cristina worked with us closely every step of the process until we successfully got our E2 change of status. I have heard from some Canadian families of their negative experiences with the immigration services at Ashoori Law, but that hasn't deterred us from we sharing Ashoori Law with other Canadian families, who have showed interest in getting their E2. In conclusion, we are very glad that our friends referred us to Ashoori Law.read more
Yuka Kataoka
1677581194
Ashoori Law office assisted me in obtaining a re-entry permit for a green card holder. I had a free telephone consultation during which they explained the application process in detail, their fees, and their planned procedures. They assigned a... single point of contact who assisted me in filling out the application form, monitored the status and followed up with the immigration office when/if necessary. I felt that Ashoori Law had my best interest at heart and did everything they could to help me through the process. When my assigned contact person was out of the office (only once during this long process), someone else stepped in quickly to answer my questions. Their internal coordination worked seamlessly. If I have another immigration matter that requires a lawyer, I know I will reach out to Ashoori Law. I also recommend the Ashoori Law YouTube channel as it provides valuable information in a very timely manner.read more
Jadranka Dragic
1677524302
I got exelaint experience with Ashoori Law firm they advice us me and my now husband what to do how to apply for a green card and I received the green card after only a seven months.Ashoori Law firm is the one I recommend to anyone who has an... issue with the immigration or naturalization in USA.They are so professional and helpful.read more
Sebastian Duerr
1677128931
Michael and his colleagues are very skilled and knowledgable. Particularly Matthew is great. Although we needed to contact the operations team proactively, they do great work for us. Thank you for providing guidance through this complex process.
l am who I am - A Jamaican
1677019507
Thanks to Ashoori Law I have now gain aquire my change of status within a very short space of time.I have no reservation in recommending this Immigration Law Firm..You have indeed help to change my life and I know many more to come.
Donnie Ramlal
1677009911
The entire team at Ashoori law has done a fantastic job of securing our E2 status here in USA . Every step of the process was very transparent and professional. They have treated us like family at the same time and have helped us secure an... opportunity to live the American dream . Special thanks to Michael , Ehsan , Rebecca , Patricia and others who have worked on our case .If you are looking for a law firm to attend to all your immigration needs , no matter what your situation is , look no more . Rest assured Michael Ashoori law have your best interests at heart . It’s a one stop shop , they handle everything for you 💯 %read more
uanderson duarte
1677000716
Well experienced , reliable and fast team , Ashoori Law team guided me efficiently in getting me and my family E2 Visa.
Vlado Kolistrkoski
1676563057
My experience with Ashoori Law started when my younger son had an issue with his green card and it was solved really very professionally so my son recommended me Ashoori Law. So when I found the love of my life Ashoori Law was the firm help me out... with all the advice and finally resolved the issue with getting the green card for my now new wife and because of that I am very satisfied and recommend Ashoori Law as a great professional and friendly firm providing excellent service.Best regardsVlado Kolistrkoski.read more
saha kabgani
1676487618
So happy to have worked with this law firm, We obtained them for my E2 Visa. They are for responsive, helpful and my entire process went very smooth considering I was very afraid not having the knowledge of how to proceed. I definitely recommend... them as I have also dealt with a few different lawyers regarding similar matter and unfortunately I did not have as great result as I did with them.read more
KAY QIAO
1676013472
Probably the most efficient and professional attorney I've worked with. They answered my emails fast and in detail, so I always could get the answer that I was asking for. Highly recommend to anyone who need true support and professionalism.Thank... you so much.:)read more
Felix Evans
1675895179
Ashoori Law, is the best and most professional Legal firm I have done business with. They provide support, responds to queries promptly and most of all provide excellent service dealing with the issues. Excellent Immigration Legal Firm
Leila Rafiei
1675888317
Ashoori Law gave us the guidance and expertise we were looking for our E2 visa. Always supportive, extremely knowledgeable and very thorough. Ashoori team is the success factor that resulted in an approved visa!
Michelle M Kang
1675473942
I was very pleased with the work Ashoori Law did for me and am excited to take the next step moving forward in my journey to immigration to the U.S. My decision to work with Ashoori was one of the greatest things I have ever done in my entire life.... During the several months working with the firm, I learned a lot about the firm in addition to my first impression from the initial consultation. Ashoori Law is young, driven, positive, and passionate about helping others achieve their goals and dreams in their lives. They have a keen eye for finding out what you have whether big or small and have the knowledge and skills that turn it into a success. If your chances of success in your immigration journey are 10%, they won’t give up and lead you somewhere you are fully qualified and successful. Of course, you have to be cooperative to make that happen. For example, your honesty, sincerity, determination, professional attitude, communication, etc. will matter all the way to your success. I believe that Ashoori Law has great potential to continue to grow and serve diverse clients from around the world.read more
Adeel ad
1675369694
I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Matthew and... Business professional team were outstanding. Matthew and Kimberly also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements .read more
Ani Mikirdichian
1675115376
Ashoori Law has been a great partner throughout our immigration process. They have made this whole experience very easy and have answered all of our questions along the way. We highly recommend Ashoori Law and can not thank them enough!!
Ruth Ngakae
1675111500
Hello everyone,I wish to testify that Ashoori law firm is the right place for all kind of immigration issues,I personally have the best experience of my life being one of their client.The Ashoori law firm took me all the way from the beginning of my... case till date,the lawyers are so kind and very respectful,patient and understanding,they respond to your calls and reply your emails giving you update of your case and all what is needed to be done,they filled all my paperwork,sent to me to check and sent back to them for any corrections and gave me that warm assurance,as I am talking to you right now, my case has been approved,I am so grateful to God and the Ashoori law firm who sacrificed their time for me till this very moment,I am based in Georgia and they are based in California so bear in mind that distance is not a barrier,please hurry up and call Michael Ashoori and colleagues in any immigration case you have been battling with and then tomorrow you will definitely come here and testify your victory as I am doing now,My sincere big thank you to God Almighty who linked me to Ashoori law firm who has put a beautiful smile on my face and my entire family,Long live Ashoori law firm and God bless y’all 👍🙏🙏🙏🙏🙏🙏read more
Ever Zalazar
1675095317
Ashoori Law handled my working permit application professionally. Their staff is very professional. Since day one, I contacted them; I knew my process would have a positive outcome. During the whole process, I always received the support of the... team, any conference call to follow up was on time, and the information satisfied my questions. I'm delighted to have chosen Ashoori law.read more
Sahan Kaushal (Kawwa)
1675059855
I feel really happy that I have processed my Re-Entry Permit with Ashoori Law. They have been great, very responsive and professional. I would recommend 'Ashoori Law' to any one who is in need of anything related to immigration.I am highly... satisfied with their service. Thanks 'Ashoori Law'.read more
Shota Leladze
1674871442
The team is helpful! I've have the answers on all of my questions I've ever asked to them!
Leah H
1674833566
Our Texas based Endurance Horse Racing company was just approved for our E2 Visa along with our three essential employees yesterday at the Toronto Consulate. I wanted to thank Ashoori Law and their team for such excellent and professional care they... took for our family and business. We had a very unique case with an unusual business type, complicated investment, and three essential employees all being applied for at once. I have no regrets hiring their law firm to walk us through this process step by step ensuring that every t was crossed and I dotted along the way. We placed our lives in their hands, and they truly took care of us. I HIGHLY recommend their services to anyone looking to obtain an E2 status. A special thank you to their team member Christina who always replied promptly and thoroughly to all my questions, taking the time to really understand the uniqueness of our situation and having never met anyone on their team, really making us feel cared for and important.read more
Abdulakim Abrahim
1674829940
Please help me I am from Ethiopia thanks
AN
1674746245
I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Rebecca and... Business professional Elaine were outstanding. Rebecca also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements and will let friends and family know as well.read more
Anne Summanen
1674700602
My family and I got a successful E2 Visa with the help of Ashoori Law. They are well organized and have a system that get things done. With the help of a portal, it made it easy for us to keep on track and to follow our progress. Every one was... extremely professional. Thank you so much! Highly recommended!read more
Pragadeesh Suresh Babu
1674687597
Had a great experience with Ashoori law after I was recommended to them by a colleague. They were very professional and answered all my questions in a timely manner. Definitely recommend!
Antoni Matte
1674652577
With the help of Ashoori law and their team, our application went smoothly and we were able to get our visa.
Brahim Bougrayne
1674620459
Im a citizen from Belgium and has applied voor a E2 visa and thanks too Ashoori Law i have been approved!!His team did a great job, they help you step by step and always can you reach them by phone, email or whatsup!!Thanks Ashoori Law
Adriana HERNANDEZ BERMUDEZ
1674529670
Hello,My name is Adriana, I am from Colombia. I married my husband Edward who is an American citizen in Bogota Colombia in 2013. My husband moved to Bogota in 2015 until we decided in late 2022 it was time for me to apply for my USA Residency.... We started searching for Immigration Lawyers and came accross Michael Ashoori through a referral from EIN Express where I received my ITIN number. We emailed Ashoori Law and quickly received a reply explaining that a phone interview was required. The interviewer was ontime and very efficient in answering all our questions and concerns. We then decided to use Ashoori Law. A list of documents which were needed were sent to us, keep in mind that if you do not provide these Documents in a timely manner Ashoori Law can not do their job to help you. We had one person ¨Zeser¨ from almost the very beginning to assist us with every concern or question until today he continues to answer questions. Ashoori Law office filed all the documents with USCIS in the first week of June, 2022 in January 2023 I received my United States Of America Employment Authorization Card. I sincerely recommend Ashoori Law not only for their excellent customer service but also for their efficient work.Thank You.Adriana Hernández Bermúdez.read more
Escheyder Acosta
1674504347
My company chose Ashoori Law to help me out in getting my work VISA to be able to move to the USA.At first, they send you a welcome email with all contacts and assigned lawyer. I think this is a nice touch so I can get familiar with the people... within the firm I can contact.I felt a little bit lost at first. They have their own sharepoint to upload files and fill out forms. However, after I had my first meeting with Lorianne (my lawyer) everything was cleared out.There was so many information to be gathered for my type of VISA. Lorianne was very helpful in giving us advise on the strategy to follow to present my case. Whole process to gather information took around 3-months.In the end, after one last meeting, we were able to have everything ready to submit. VISA was approved right away without any questions from the immigration department.This firm was great help during my process. I have only worked with Lorianne. However, judging by her response time and customer service, I think overall, it is a great firm for the process they helped me with.read more
Yoonmo Sang
1674433283
I've worked with Ashoori Law's lawyers on multiple occasions and had great outcomes always. In addition, the staff are very helpful and friendly. I would definitely recommend Ashoori Law for anyone.
Akash Giri
1674155687
I recently applied for a green card using the services of Ashoori Law firm. The firm's team are knowledgeable, professional, and attentive to every detail of my case. They helped me every step of the way and were able to answer any questions I had.... The communication was clear and very fast, making me very well -informed every step of the way. They are experts in the field and truly care about the clients. Highly recommended!!!read more
Raja Zulqarnain Haider
1673727230
We just had an E-2 approval from the U.S. consulate Islamabad Pakistan.We found this firm on the internet. When I read on their web page that they specialized in E2 visas, I send an email to Attorney Michael Ashoori for initial consulting. After a... brief phone conversation I was satisfiedThere is quite a lot of paper work involved and documents to be supplied. Our Attorney was Lahaina. She and her whole team prepared our case very efficiently.The best thing about this firm is they have friendly and helpful paralegals. And they have online portal where you can check your status anytime. Plus the whole team is available 24/7!We would definitely recommend using Ashoori lawread more
Phongmanas S
1673551512
Thank you so much everyone for your help. My O1 visa approved because of all your help and guidance and carefully looking on my evidence to submit with USCIS.This is a very good news of my life. It's proved that all my past work has qualify the... ability of myself to work in US.Thank you to all of you and Ashoori law team from the first day that we have talked so far.Regards,Tanread more
Lords Child 777
1673482463
Ashoori Law is the ABSOLUTE best law firm I have dealt with concerning Immigration and much more. Daniel Tierney Atty, is the most professional, intelligent, and courteous etc., Attorney I have communicated with. He is one of the main reasons I have... chose this law firm. This law group uses state of the art telecommunicating program where you are literally so informed and advised before, during, and after your calls with them. Their administration is fabulous as well. A to Z these people are the BEST! Try them and see for yourself.read more
Siranush Vardanyan
1673366640
My husband and I used Ashoori Law Services for our E2 Visa Application. Our case was a challenging one from the beginning but having assigned Rebecca as our attorney, the process started to move forward very smoothly. Rebecca is a highly... professional lawyer, who pays attention to every detail and follow up with every request even during her weekends. We successfully got approval of our case thanks to Rebecca's professionalism and dedication. I have already recommended Ashoori Law firm to some of my friends, who are looking for a professional legal support. We intend to continue working with Ashoori Firm in future as well.read more
Samantha Jacobs
1673240791
Michael and his team are phenomenal, their set up regarding information is an easy step by step guide. We worked with a lady named Rebecca, she was always available when we needed her, answered all our questions when we weren't sure, and definitely... took the stress out of filling an application, this is the second time we have used Ashoori lawyers and will defiantly continue using them in the future.read more
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.