Last reviewed: September 16, 2026.
U.S. immigration law offers several paths for treaty traders, treaty investors and qualifying immigrant investors. The right option depends on nationality, ownership, the source and commitment of funds, the business plan, job creation and whether the goal is temporary status or permanent residence. An investor visa lawyer can review those issues before money is committed or an application is filed.
E-1 Treaty Trader Visa
The E-1 is a temporary, nonimmigrant classification for eligible nationals of treaty countries who will carry on substantial trade principally between the United States and the treaty country. Trade can include goods, services or technology. More than 50% of the enterprise’s international trade generally must be between the United States and the treaty country.
A qualifying employee may also seek E-1 classification for executive or supervisory work, or for duties requiring skills essential to the enterprise. The applicant must intend to depart the United States when E-1 status ends.
E-2 Treaty Investor Visa
The E-2 is a temporary, nonimmigrant option for an eligible treaty-country national who has invested, or is actively investing, a substantial amount of lawfully obtained capital in a real and operating U.S. enterprise. The investment must be committed and at risk, not merely held in an uncommitted bank account.
There is no single statutory minimum investment for every E-2 case. The amount must be substantial in relation to the cost and nature of the business, sufficient to show a financial commitment to its success, and large enough to support the investor’s ability to develop and direct the enterprise. The business cannot be marginal. A detailed business plan, ownership evidence, lawful-source documentation and proof that the enterprise is operating or ready to operate are often central to the case.
Qualifying executives, supervisors and employees with skills essential to the treaty enterprise may also be eligible if the nationality and employer requirements are met. E-2 status does not by itself create a direct path to a green card.
See the official Department of State E-visa requirements and the current treaty-country list.
EB-5 Immigrant Investor Program
EB-5 is an immigrant visa classification that can lead to conditional permanent residence for a qualifying investor, spouse and unmarried children under 21. It is different from the temporary E-1 and E-2 categories.
For petitions filed on or after March 15, 2022, USCIS states that the minimum investment is $1,050,000 for a standard investment, or $800,000 for an investment in a new commercial enterprise principally doing business in a targeted employment area or in a qualifying infrastructure project. These amounts are subject to statutory adjustment, so investors should confirm the current amount immediately before filing.
The investment generally must be in a new commercial enterprise and create at least 10 full-time positions for qualifying U.S. workers. The petition must also document the lawful source and path of the invested capital. Standalone investors generally use Form I-526, while regional-center investors generally use Form I-526E. Regional-center projects involve separate project and compliance requirements and should not be treated as government-guaranteed investments.
Review the official USCIS EB-5 program page and Form I-526 information before filing.
E-2 or EB-5: Which Path Fits the Goal?
- Immigration objective: E-2 is temporary; EB-5 is an immigrant classification.
- Nationality: E-2 requires qualifying treaty-country nationality; EB-5 does not.
- Investment amount: E-2 uses a proportional substantiality analysis; EB-5 has statutory minimum amounts.
- Business role: E-2 focuses on developing and directing the enterprise; EB-5 focuses on qualifying investment, lawful source of funds and job creation.
- Evidence: Both can require extensive financial, ownership and business records, but their legal standards and filing procedures are different.
Legal Review Before You Invest
Before transferring funds or signing a business purchase agreement, legal review may identify treaty-nationality problems, ownership issues, source-of-funds gaps, weak business-plan assumptions or immigration timing conflicts. Immigration counsel is separate from tax, securities and investment advice; investors may also need qualified tax and financial professionals.
M.C. Law Group represents treaty traders, business owners and immigrant investors in Connecticut and nationwide. Call 203-373-9080 for a brief telephone evaluation. A full case analysis by video or in the office is a paid consultation. No result can be guaranteed, and eligibility depends on the facts and the law in effect at filing.
