If you are a non-US national looking to live and work in the United States as an investor, either in the short-term or long-term, the following guide examines the American investment immigration options, including how to gain entry, as well as how to apply for residency and citizenship on this basis.

American investment immigration allows foreign nationals to obtain a visa or permanent residency in the United States through qualifying business or financial contributions. The two main visa options are the EB-5 Immigrant Investor Program and the E-2 Treaty Investor Visa. Each pathway has its own eligibility rules, investment thresholds and intended outcomes.

 

US investor visa options

 

If you are looking to gain entry to the USA using investment as the basis of your application, the E-2 visa will be the primary option to consider.

The E2 investor visa is for citizens of countries with which the USA maintains a treaty of commerce and navigation including, for example, Australia, Canada and the UK.

Where the eligibility requirements have been met, the E-2 allows a national of a treaty country to work in the United States through their investment in a U.S. business enterprise.

This category of visa can also be granted to certain employees who hold the same nationality as the principal investor, in particular executives and supervisors, or those with special skills essential to the efficient operation of the enterprise.

To be eligible for an E2 visa, you must satisfy the following requirements:

 

• you are a national of a country with which the U.S. maintains a treaty of commerce and navigation.
• you have invested, or are in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S. There is no official minimum investment amount although, as a general guide, you will need at least US$100,000 to US$150,000 to invest.
• the investment is more than a marginal enterprise. A marginal enterprise is a business that does not have a present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.
• you are seeking to enter the U.S. solely to develop and direct the investment enterprise. Under the “fifty percent rule” you will need to show at least 50% ownership of the enterprise, or possession of operational control through, for example, a managerial position.
• as a senior or essentially skilled employee, you will need to show that you are destined to a similar role in the U.S.
• whether as an investor or an employee, you will need to show that you intend to depart the U.S. when your E2 visa status comes to an end.

 

If your application is successful, an E2 investor visa will initially be granted for a period of up to 5 years, although the maximum period will be determined by your nationality and the treaty which governs the Treaty with the US. Regardless of the maximum period, E-2 visa holders can stay for no longer than 2 years at a time.

Further, if you, or your employee, continue to meet all the relevant conditions, an extension of stay may be granted in increments of up to 2 years at a time.

Although there is no maximum limit to the number of extensions an E2 visa holder may be granted, you must continue to maintain an intention to depart the U.S. when your status expires.

 

Applying for US residency after investment

 

A nonimmigrant E2 visa is designed for those coming to the U.S. to work on a temporary basis, and whilst an E2 visa can generally be extended, you must continue to meet all applicable requirements of U.S. immigration laws and regulations.

As such, there always remains the risk that any E2 extension application will be refused, exposing you and your family to leaving the life you have established in the U.S, in some cases over several years.

If you are looking to remain in the United States indefinitely, you may consider the EB5 immigrant investor visa. Under this category, qualifying investors are eligible to apply for permanent residence, otherwise known as a Green Card.

To be eligible for an EB5 visa you must invest the following minimum qualifying capital in a new commercial enterprise:

 

• US$800,000 in a targeted employment area, ie; a rural area or area with high unemployment of at least 150% of the national average. Most investors opt to invest in a targeted employment area, given the lower investment threshold.
• US$1,050,000 in non-TEAs, plus the creation of full-time jobs for at least 10 qualifying U.S. employees. A qualifying employee includes US citizens, lawful permanent residents or other immigrants authorized to work in the United States.

 

A ‘new’ commercial enterprise is defined as a commercial enterprise either established after 1990, or before 1990 that is restructured or reorganised in such a way that a new commercial enterprise results, or expanded through the investment so that at least a 40% increase in the net worth or number of employees is achieved.

Upon approval of your application for an EB5 visa, you will be granted conditional permanent residence status for a period of 2 years. You can then apply for what’s known as “removal of conditions” prior to the second anniversary.

If you can show that your investment was used entirely and, where relevant, created 10 full time jobs for U.S. citizens, you will be granted a green card.

 

Applying for US citizenship

 

Having continuously resided in the US as a green card holder for a period of 5 years, you are then free to apply for U.S. citizenship, otherwise known as naturalization.

To be eligible for US naturalization, you must satisfy the following requirements:

 

• Be physically present in the US for at least 30 months out of the 5 years immediately preceding the date of filing the application.
• Be able to read, write and speak English, and have knowledge and an understanding of US history and government, commonly referred to as civics.
• Be a person of good moral character, in-keeping with the principles of the Constitution of the United States, and well disposed to the good order and happiness of the US during all relevant periods under the law.

 

If your citizenship application is approved, you will be required to take part in a naturalisation ceremony in which you will take the Oath of Allegiance to the United States. You will then be officially regarded as a US citizen.

 

Need assistance?

 

The rules relating to US investor visas are complex and both the E2 and EB5 visa applications demand detailed business and financial information, with extensive documentary evidence in support of your eligibility.

For advice on your investment visa options, speak to our US immigration attorneys.

 

American investment immigration FAQs

 

What is American investment immigration?

It refers to the process of obtaining a US visa or green card by investing in a US-based business or enterprise.

 

Which visas are available for investment in the US?

The main options are the EB-5 immigrant investor visa and the E-2 nonimmigrant treaty investor visa.

 

How much do I need to invest for the EB-5 visa?

You must invest at least $800,000 in a targeted employment area or $1,050,000 in a standard commercial enterprise.

 

Does the E-2 visa lead to a green card?

The E-2 visa is temporary and does not provide a direct path to permanent residency, although some investors later transition to other visa types.

 

Can I invest in real estate for a US visa?

Real estate investment alone does not qualify for a visa unless it meets the business and job creation requirements of the EB-5 or forms part of a qualifying E-2 business.

 

Do I need to create jobs for US workers?

Yes, for the EB-5 visa you must create or preserve at least 10 full-time jobs for US workers.

 

Can my family come with me under these programs?

Both EB-5 and E-2 allow your spouse and unmarried children under 21 to apply for derivative visas.

 

What countries are eligible for the E-2 visa?

Only nationals of countries that have an E-2 treaty with the US are eligible. The list is published by the US Department of State.

 

How long does it take to get an EB-5 green card?

Timelines vary, but it can take one to two years or longer depending on the project and country of origin.

 

Do I need to speak English to qualify?

There is no formal English requirement for either the EB-5 or E-2 visa, though English proficiency is helpful for managing a business in the US.

 

Glossary

 

Term	Definition
EB-5 Visa	An immigrant visa for investors who make a qualifying investment in a US business and create at least 10 full-time jobs for US workers.
E-2 Visa	A nonimmigrant visa for nationals of treaty countries who invest a substantial amount in a US business they will direct or develop.
Targeted Employment Area	A rural area or a region with high unemployment where a lower EB-5 investment threshold applies.
Regional Center	An organization approved by USCIS to sponsor EB-5 projects and manage pooled investor funds for job-creating enterprises.
Green Card	A document that grants lawful permanent residency in the US, allowing the holder to live and work permanently in the country.
Derivative Visa	A visa granted to the spouse and children of the principal investor to accompany or follow them to the US.
Substantial Investment	An amount of capital considered sufficient to ensure the investor’s commitment to a successful US business under the E-2 program.
Treaty Country	A country that has a qualifying commerce or navigation treaty with the US, required for E-2 visa eligibility.
USCIS	United States Citizenship and Immigration Services, the federal agency that oversees lawful immigration to the United States.
Job Creation Requirement	A requirement for EB-5 investors to create or preserve at least 10 full-time jobs for US workers as a result of their investment.