TYPES OF INVESTMENT VISAS IN THE US: COMPARISON EB-5 AND E-2
An investment visa allows you to live, work and do business in the United States. The basis for obtaining this visa is to invest your own money in the economy of the country. In this article we will compare the two main ways to move to America (EB-5 and E-2 programs), tell you about their advantages and disadvantages, requirements for registration and other nuances..
EB-5 VISA PREVENUES
Although the EB-5 investment visa in the United States is more difficult to obtain, it is worth noting a number of benefits that apply to all participants in this program. This list includes:
- no education, work experience, or English language requirements;
- obtaining a green card for the entire family (not only the applicant, but also his/her spouse and children under the age of 21);
- opportunity to become a U.S. citizen;
- a good chance of having the petition approved.
PREVIOUSNESS OF E-2 VISA
For beginning investors who are not ready to spend large sums of money, the E-2 investment visa in the United States for Russians is the best option. It is a non-immigrant visa, but it does not exclude the possibility of obtaining a green card in case of business expansion. Other advantages of the E-2 visa include:
- visa processing for all family members (applicant, spouse and children under the age of 21);
- no requirements to own a business in the investor's country;
- simplicity of the visa extension process and its multiple-entry nature;
- no requirement to create jobs in the United States;
- minimum processing time (from 15 days).
WHAT VISA TO CHOOSE?
| EB-5 | E-2 | |
| Visa type | Immigration | Non-immigration |
| Main advantage | Green card and the possibility to apply for citizenship after 5 years | Issued for a period of 3 months to 5 years (depending on the applicant's country of citizenship) with the possibility of renewal an unlimited number of times*** |
| Limits | Up to 10,000 visas are issued annually (no more than 7.1% of applicants from one state) | No restrictions on the number of visas issued |
| Investor's nationality | Determined by place of birth, applications are accepted from citizens of any state | Determined by nationality, applications are accepted from nationals of countries that have concluded the relevant TFN agreement* |
| Waiting time | The application is processed for an average of 2-3 years !!! If the investor files the petition while in the U.S. legally, it is possible to obtain work and travel authorization immediately and wait for the U.S. to approve the petition. |
The application is processed from 15 days to several months |
| Minimum amount of investment | 800,000 dollars** | 100,000 dollars |
| Border crossing | There are no travel restrictions, but you cannot stay outside the U.S. for more than 6 months | There are no travel restrictions, but the visa must be renewed at the Consulate when it expires**** |
| Place of employment | The investor is not obliged to work in the business where he or she invests money | The investor is obliged to work in the business where he invests his money |
Note that both investment visas to America allow investors to bring children under the age of 21 with them. To do so, it is sufficient to include them in the application when filing the petition.
* It is possible to apply for a US investment visa by obtaining a passport from a country that has a TFN agreement.
** This amount applies to investments in “targeted employment areas”. This list includes projects in areas with high unemployment and in rural areas. In other cases, an investment of at least $1,050,000 will be required.
*** The E-2 visa does not prohibit an investor from changing immigration status and obtaining a green card at any time. To do so, the appropriate conditions must be met and a petition must be filed (while already in the U.S.).
**** This rule may be stricter because it depends on the terms of the U.S. treaty and the investor's country. Some citizens are allowed 2 entries in 3 months.
This article is intended for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for advice from qualified legal counsel familiar with your specific circumstances. No attorney-client relationship is created by the provision of this information.