This comparative chart provides an overview of three main types of investor visas, the E-2 visa, the L-1 visa (“start up L”) and the EB-5 (Job Creation visa).
The chart highlights broad differences between requirements and benefits of investor visa categories. Other conditions may apply.
|
AMOUNT INVESTED |
SPECIAL REQUIREMENTS |
DURATION OF STAY/STATUS |
PARTICIPATION IN INVESTMENT BUSINESS |
FUTURE OF BUSINESS |
E-2 Visa Treaty Investor |
Substantial investment: Sliding scale depending on the what is needed to get the business going. The lower the value, the higher the percentage that must be invested. |
Nationality & Treaty Based. Country information can be found on the Department of State website under “Treaty Countries.” (Not Brazil, China, Greece, India or Russia, among others.) |
Temporary visa, but long duration of stay, dependent on business status and reciprocity of treaty country |
Active investor. The investor develops and directs the business by controlling it through 50% or more share of ownership, by managing operations, or by other corporate role |
Profitability requirement. Plan to make more than a livelihood, or have the capacity to make a significant economic contribution within five years. |
L-1 Visa Manager Intra-company Transferee (Path to EB-1 Multinational Manager Immigration Visa) |
No new investment, but business must be able to support the wages of the L-1 manager & the business. Adequate premises leased, if establishing a new office. |
Employed abroad by company related to the US company for one year in the last three in a managerial role or a role requiring specialized knowledge |
Temporary visa, up to seven years in US. Path to legal permanent residence through Multinational Manager Immigrant Visa (EB-1). |
Management role overseeing the organization or a department, or important function of the organization. |
Entity must continue to operate as a going concern. |
EB-5 Visa (A Green Card) Job Creation |
$800,000 if in a targeted high unemployment rate or rural area; $1,050,000 elsewhere. At risk investment. *As of 15 March 2022. |
Legitimacy of the investor’s source of funds must be proven with tax returns, inheritance documents, or other means. |
Conditional permanent residence for two years. Legal permanent residence once conditions are cleared. |
Passive Investor need only be engaged in policy-making decisions for the company, not daily management. |
Job Creation: ten permanent, full time jobs must be created. Job creation may be indirect, if investment is in a Regional Centre. |