• 31 January 2020

15+ Reasons the E-2 May Be Better than the EB-5 for Some Investors

Many high net worth foreign nationals want to immigrate to the United States. The EB-5 Investment Visa has become so popular that waiting to receive one has become a very lengthy process. Waiting for several years can quickly become discouraging, not to mention inconvenient. In addition, the minimum and standard investment amounts have recently increased to $900,000 and $1,800,000.

Is there a better way for investors to immigrate to the US? The answer is yes.

In fact, investors are beginning to realize that the E-2 Visa offers several advantages as opposed to the EB-5 Visa. Some have initially shied away from the E-2 because it does not ultimately grant permanent residency. But that is not the same as never being able to obtain a Green Card.

E2 Visa Benefits

In fact, there are legitimate paths that investors can follow to gain permanent residence should they wish to do so. That being said,

1. The E-2 Visa does not automatically lead to permanent residency, BUT IT CAN.
2. The processing time for E-2 Visas is typically just a few months. It varies by each consulate’s workload, but the wait is very short compared to the cumbersome EB-5 Visa.
3. There is no specific minimum or standard investment required to obtain an EB-2. The US Citizenship and Immigration Service requires only “a substantial amount” of investment in a business. A substantial amount generally means owning a majority interest in the investment entity. However, that is not a hard and fast rule. A qualified US Immigration Attorney can help clients determine what will be appropriate in their particular case.
4. If the investment is in a small business, likely, the investment will not have to meet the higher thresholds of an EB-5 Visa. Some E-2 Visa holders have invested as little as $100,000.
5. Applications for the E-2 Visa may be submitted at any US consulate
6. E-2 Visas are issued based on country of citizenship, which may or may not be the same as their country of birth. (The EB-5 Visa is based on their country of birth.)
7. Although the E-2 is based on the investor’s current citizenship, not all countries are members of the trade treaty upon which the visa is based. However, it is possible and legal to move one’s citizenship to certain, select treaty countries to open the door for applying for the E-2 Visa. ACS Law Firm has the expertise to help.
8. E-2 investors may pool their capital investments as long as they constitute majority ownership of the enterprises.
9. Spouses and minor-aged children of the investor are also eligible for an E-2 Visa.
10. Spouses of investors may be permitted to seek employment in the US.
11. Minor children of investors may attend public or private schools and universities but may not seek employment.
12. The investor and his/her family may establish their business anywhere in the US. EB-5 investors may have limited options.
13. E-2 investments are not required to establish a new commercial enterprise.
14. E-2 Visas can be valid for up to three years and can be renewed multiple times.
15. It is possible to convert from a non-resident visa to a resident visa at a later, more suitable time.

But wait! These are not ALL the benefits that the E-2 Visa offers. There are even more reasons to consider applying for the versatile E-2 Visa.

If you would like to learn more about how the E-2 may benefit you, please contact our Immigration Attorneys at the ACS Law Firm. Our entire staff at American Corporate Services Law Offices, Inc. is prepared to assist you and show you how we can help to make your immigration dream come true.