E-2 Treaty Investor Visa vs EB-5 Immigrant Investor Visa
A factual side-by-side comparison of two residency programmes. All figures are drawn from the canonical program pages — follow either link in the table header for sources and the full profile.
Key Differences at a Glance
- ›E-2 Treaty Investor Visa is faster: 3 months vs 30 months for EB-5 Immigrant Investor Visa.
- ›EB-5 Immigrant Investor Visa leads to citizenship (~5 yrs); E-2 Treaty Investor Visa does not.
- ›Lower capital: E-2 Treaty Investor Visa (100,000 USD) vs 800,000 for EB-5 Immigrant Investor Visa.
E-2 Treaty Investor Visa United States · investment | EB-5 Immigrant Investor Visa United States · investment | |
|---|---|---|
| Country | United States | United States |
| Category | Investment | Investment |
| Application Fee | $315 | $3,675 |
| Minimum Income | — | — |
| Minimum Investment | $100,000 | $800,000 |
| Processing Time | 3 months | 30 months |
| Family Included | Spouse and unmarried children under 21 included; spouse may apply for work authorization | Spouse and unmarried children under 21 included at no additional investment |
| Path to PR | No | Yes — 0 years |
| Path to Citizenship | No | Yes — 5 years |
| Physical Presence | Must maintain active direction and development of the enterprise; extended absences may jeopardize status | Must reside in the US after receiving conditional green card; 6-month continuous absence voids residency |
| Dual Citizenship | Allowed | Allowed |
| Tax Impact | E-2 holders who meet the Substantial Presence Test become US tax residents subject to worldwide income reporting | Grants US lawful permanent resident status; worldwide income subject to US taxation from day of admission |
| Tax Residency Trigger | 183 days/yr | 0 days/yr |
| Worldwide Taxation | Yes | Yes |
| Renewal Cost | — | — |
About E-2 Treaty Investor Visa
The E-2 Treaty Investor Visa allows nationals of treaty countries to enter and work in the United States based on a substantial investment in a bona fide US business. Unlike the EB-5, this is a non-immigrant visa with no direct path to permanent residency, but it can be renewed indefinitely in two- to five-year increments as long as the business remains operational. The investor must direct and develop the enterprise and own at least 50% of the business.
Full E-2 Treaty Investor Visa profile →About EB-5 Immigrant Investor Visa
The EB-5 Immigrant Investor Visa grants US lawful permanent residency to foreign nationals who invest a minimum of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 elsewhere, creating at least 10 full-time US jobs. Investors receive a conditional two-year green card, which can be converted to permanent residency after demonstrating job creation requirements have been met. After five years as a permanent resident, EB-5 holders may apply for US citizenship.
Full EB-5 Immigrant Investor Visa profile →Gotchas to Watch For
E-2 Treaty Investor Visa
- ⚠E-2 does NOT lead to green card — indefinite renewable but non-immigrant status
- ⚠Not available to Indian or Chinese nationals (no treaty). Grenada CBI is a workaround for E-2 access.
- ⚠"Marginality" rule: business must be more than sole income source for investor family
- ⚠E-2 spouse can work (2022 automatic extension); children lose status at 21
- ⚠US tax residency kicks in via substantial presence — worldwide income + FATCA
EB-5 Immigrant Investor Visa
- ⚠EB-5 Reform Act 2022: thresholds raised to $800k (TEA) / $1.05M (non-TEA); reserved visa categories added
- ⚠Mainland China + India face multi-year visa retrogression after I-526E approval
- ⚠Green card = US tax resident from day 1 = worldwide income taxation + FATCA/FBAR obligations
- ⚠Investment must stay "at risk" — guaranteed returns disqualify
- ⚠Regional Center selection critical — bankrupt/fraudulent RCs have caused total loss of both investment AND visa
Neutral reference — we don't recommend one programme over another. Programmes change: always verify each detail against the official source linked on the individual program pages.