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Difference between EB-5 Program and E-2 Program


Visa EB-5 E-2
Intention Immigrant Non-Immigrant
Experience None required Should have experience in operating a business
Process Time 12 – 18 months Depends on how quickly they can find the business and prepare documents
Qualified Nations All Nations Nationality & Treaty based.
Country list can be found on Department of State website under “Reciprocity by Country”
Amount of Investment – $500,000 if in TEA
– Or $1,000,000 anywhere
– Must be “at risk” investment
Substantial investment based on a sliding scale and depending on the value of the business.
Investment Territory Territory which is approved through USCIS Any part of US
Residence in U.S. Can live in any region of U.S. Live near the Business Location
Business Operations Regional Center can manage and operate the businesses under the program, but active participation in new commercial enterprise Directly operate the business
Employment Regional Center can manage the employment process and documentation, but immigrant must be active in new commercial enterprise Responsible for own employment hiring and documentation
Special Requirements Job Creation: 10, full-time jobs must be created but can be indirect or induced if investment is in Regional Center Profitability requirement. Plan to make more than a livelihood, should make significant economic contribution within 5 years
Duration of Stay and Visa Process 1. Locate and qualify Regional Center
2. Apply for I-526 and get approval
3. Apply for Visa through US Consulate
4. Get EB-5visa, arrive into US within 6 months to obtain conditional Green Card
5. Apply for Permanent Green Card before 2 years (I-829)
Non-immigrant visa but unlimited extensions, dependent on business status and must submit necessary documents to extend visa before each expiration (generally every 2 or 5 years)