E-2: treaty nationality and an operating enterprise
E-2 classification is available only to qualifying nationals of countries with the required treaty relationship with the United States. The applicant generally must invest a substantial amount of capital in a real and operating U.S. enterprise and come to develop and direct it. The investment must be at risk, and a merely marginal enterprise can present problems.
There is no single published dollar amount that makes every E-2 investment substantial. The nature and cost of the business, proportionality of the investment, source of funds, ownership and control, and credible operating plan all require careful documentation.
EB-5: an immigrant category
USCIS administers EB-5 as an employment-based immigrant investor program. At a high level, the investor must make the required investment in a qualifying U.S. commercial enterprise and plan to create or preserve at least 10 permanent full-time jobs for qualifying U.S. workers. The governing thresholds, filing rules, reserved visa categories, and source-of-funds documentation are technical and can change.
Qualifying spouses and unmarried children under 21 may be included, subject to the rules. Visa availability and age-related concerns should be reviewed early.
Questions to resolve before comparing options
- Is the investor a national of an E-2 treaty country?
- Is the goal to operate a business temporarily or pursue permanent residence?
- What lawful source and path of funds can be documented?
- Will the business support the required operations and job creation?
- How will family members’ timing and plans affect the strategy?
Official sources and further reading
Always check current agency instructions, forms, fees, and policy before acting.