Investor and business visas to the United States provide pathways for foreign nationals to establish businesses, make investments, or engage in commercial activities while residing in the country. The most common options include the EB-5 Immigrant Investor Program (permanent residency), the E-2 Treaty Investor Visa (temporary residency), and other business-related visas like the E-1 Treaty Trader Visa and L-1 Intracompany Transfer Visa. Each visa type has distinct eligibility criteria, investment thresholds, and application processes.

• EB-5 Visa: Requires a minimum investment of $1,050,000 (or $800,000 in targeted employment areas) and the creation of 10 full-time U.S. jobs ^[8]. The process involves filing Form I-526, followed by visa application or adjustment of status ^[1][8].
• E-2 Visa: Available to citizens of treaty countries, with no fixed minimum investment but requiring a "substantial" amount (often $100,000+) and active business management ^[4][7][10]. The visa is renewable indefinitely but does not directly lead to a green card ^[7].
• E-1 Visa: For treaty traders engaged in substantial trade between the U.S. and their home country ^[6].
• L-1 Visa: For executives, managers, or specialized employees transferring within a multinational company ^[9][10].

The application process typically includes submitting detailed business plans, financial documentation, proof of investment, and undergoing interviews at U.S. consulates or USCIS offices. Family members (spouses and minor children) can often accompany the primary applicant under derivative status ^[1][7].

Key Investor and Business Visa Requirements

EB-5 Immigrant Investor Visa: Permanent Residency Through Investment

The EB-5 Immigrant Investor Program offers a direct path to U.S. permanent residency (green card) for foreign investors who meet specific financial and job creation requirements. Established in 1990, the program aims to stimulate economic growth through capital investment and employment generation ^[2]. The process involves two primary steps: investment and job creation, followed by conditional and then permanent residency.

Investors must commit a minimum of $1,050,000 in a standard commercial enterprise or $800,000 if investing in a Targeted Employment Area (TEA)—defined as rural or high-unemployment regions ^[8][10]. The investment must be made in a new commercial enterprise, which includes:

• Creating an original business
• Purchasing and restructuring an existing business
• Expanding an existing business by at least 40% ^[2]

The job creation requirement is central to the EB-5 program. Investors must demonstrate that their enterprise will create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission as a conditional permanent resident ^[1][2]. Jobs must be direct (employees on the company payroll) or, in the case of regional center investments, indirect (jobs created as a result of the investment, such as those in supply chains) ^[8].

The application process follows these key steps:

• File Form I-526 (Immigrant Petition by Alien Entrepreneur) with USCIS, providing evidence of the investment and job creation plan ^[1][2].
• Upon approval, apply for an immigrant visa at a U.S. consulate (if outside the U.S.) or adjust status to conditional permanent residency (if already in the U.S.) ^[1].
• After two years, file Form I-829 (Petition by Entrepreneur to Remove Conditions) to convert conditional residency to permanent residency, proving the investment and jobs were sustained ^[2][8].

Additional considerations include:

• Source of funds: Investors must prove their capital was obtained lawfully through documentation such as bank statements, tax records, or business sale agreements ^[9].
• Family inclusion: Spouses and unmarried children under 21 can obtain derivative green cards ^[1][2].
• Processing times: Vary significantly; as of recent updates, USCIS processing for I-526 petitions can take 12-24 months or longer, depending on demand and regional center involvement ^[8].

Recent legal changes have impacted the program, including a 2022 court ruling that vacated the EB-5 Modernization Rule, temporarily reverting investment amounts to $500,000 (TEA) and $1,000,000 (standard) before newer regulations were reinstated ^[2]. Applicants should consult USCIS or legal experts for the most current thresholds.

E-2 Treaty Investor Visa: Temporary Residency for Active Investors

The E-2 Treaty Investor Visa allows citizens of treaty countries to live and work in the U.S. by investing in and actively managing a U.S. business. Unlike the EB-5, the E-2 is non-immigrant (temporary) but can be renewed indefinitely as long as the business operates and the investor maintains eligibility ^[7]. The visa does not provide a direct path to a green card, though some investors later transition to other visa categories ^[4].

Eligibility Requirements

To qualify, applicants must meet three core criteria:

1. Nationality: The investor must be a citizen of a country with a qualifying treaty of commerce and navigation with the U.S. Examples include the UK, Japan, Germany, and Canada (a full list is available via the U.S. Department of State) ^[6][7].
2. Substantial Investment: While no fixed minimum exists, investments are typically $100,000 or more, though lower amounts may qualify if proportional to the business type. The key factor is that the investment must be: - At risk (not a loan secured by the business’s assets) - Committed and irreversible (funds must be spent or contracted before visa approval) - Sufficient to ensure the business’s successful operation ^[4][7][10].
3. Active Business: The enterprise must be real and operating (not speculative or idle). The investor must hold at least 50% ownership or possess operational control through a managerial position ^[5][7].

Application Process

The process varies slightly depending on whether the applicant is inside or outside the U.S.:

• Consular Processing (Outside U.S.):
• Submit Form DS-160 (Online Nonimmigrant Visa Application) and Form DS-156E (Treaty Investor Application) ^[6].
• Provide a detailed business plan outlining the investment, job creation (if applicable), and economic impact ^[4][9].
• Attend an interview at a U.S. embassy or consulate, where officials assess the investment’s legitimacy and the applicant’s intent to depart the U.S. upon visa expiration ^[6].
• Change of Status (Inside U.S.):
• File Form I-129 with USCIS, including the E-2 supplement and supporting documents ^[9].

Key Documentation

Applicants must compile:

• Proof of treaty country nationality (passport)
• Evidence of investment funds (bank statements, transfer records, source of funds)
• Business formation documents (articles of incorporation, lease agreements)
• Financial projections and tax records
• Proof of job creation (if applicable, though not required for E-2) ^[4][7]

Duration and Renewal

• Initial approval grants a 2-year stay, with unlimited renewals as long as the business remains operational and the investor maintains ties to their home country ^[7].
• Dependents: Spouses and children under 21 can accompany the investor on derivative E-2 visas. Spouses may apply for work authorization (EAD) ^[7][10].

Limitations

• No direct path to a green card: E-2 holders must switch to another visa category (e.g., EB-5, employment-based) for permanent residency ^[7].
• Treaty country restriction: Nationals of non-treaty countries (e.g., China, India, Brazil) are ineligible unless they obtain citizenship in a treaty country ^[6].