An ever-growing number of foreign investors are establishing their livelihood and their lives in the U.S. by choosing to inject their capital into the U.S. economy. Many investors are choosing to apply for one of the EB-5 visa spots, while some are going a more temporary route using the E-2 visa. Our Los Angeles EB-5 lawyers understand that the significant differences between the two require taking a look at the pros and cons of each for every prospective applicant. However, while the E-2 visa has many attractive attributes, including a significantly lower capital investment requirement, the EB-5 is a better and broader alternative for those looking to resettle in the U.S. Here are three important differences between the two types that showcase reasons why the EB-5 visa is the superior route.
The EB-5 Visa Allows You to Bring Family Members
The EB-5 visa can allow your immediate family members to come to the U.S. with you. This includes spouse and children only, but it is a significant advantage in the world of visas. The E-2 visa is only for the investor himself or herself and does not facilitate the entry of family members.
The EB-5 Visa is Open to a Broader Range of Countries
EB-5 visa holders come from a broader range of countries because this type of visa has fewer limitations on country of origin. E-2 visa holders must come from a treaty investor country, i.e., a country that is a party to the Treaty of Commerce and Navigation. For many prospective visa applicants, this restriction bars them from applying for an E-2 visa altogether, but does not bar them from applying for an EB-5 Visa.
The EB-5 Visa Paves the Way for a Permanent Resident Card (Green Card)
The EB-5 visa is an immigrant visa, which can lead to a green card and permanent resident status for its holder. An E-2 visa is a non-immigrant visa, which can be renewed without limit but cannot lead to obtaining permanent residency in the U.S. This immigration intent is one of the reasons for the higher investment requirement of an EB-5 visa, which in most instances is $1,000,000 but in certain cases can be as low as $500,000. While an E-2 requires an initial investment of only $100,000, the applicant must show “non-immigrant intent” when applying with the United States Citizenship and Immigration Services (USCIS). Therefore, for those applicants seeking a way to permanently establish themselves in the U.S., the EB-5 visa is the obvious choice.
If you are considering the EB-5 visa or have further questions about the differences between the EB-5 and E-2 visas, contact David Hirson & Partners, LLP today.