⚠️ Informational only. Immigration rules change. Consult a licensed attorney for your specific situation.
How to Choose: E-2 vs EB-5
E-2 and EB-5 are both investment-based pathways but serve different goals. E-2 is a nonimmigrant visa (temporary) requiring substantial investment in a US business — no minimum is set by statute, but consular officers typically expect $50,000–$200,000+ depending on the business type. E-2 is available only to nationals of countries with US bilateral investment treaties (notably excluding India, China, and several others). E-2 does not lead to a green card directly. EB-5 is an immigrant visa (permanent residence) requiring a much larger investment: $800,000 in a Targeted Employment Area (TEA) or $1,050,000 elsewhere, plus creating or preserving 10 full-time US jobs. EB-5 is available to any nationality but faces its own per-country backlogs (significant for China). The practical choice: if you're from an E-2 treaty country and want business immigration without committing $800K+, E-2 is the starting point. If you want permanent residence and can invest at the EB-5 threshold, EB-5 is the appropriate category.
E-2
Visa TypeInvestor
Duration2–5 yrs
SponsorshipOwn company
Annual CapNo cap
Green Card PathNo direct GC path
Premium ProcessingNo
Wage RequirementInvestment required
EB-5
Visa TypeImmigrant (GC)
DurationPermanent
SponsorshipSelf
Annual CapPer-country limits
Green Card PathIS the green card
Premium ProcessingNo
Wage Requirement$800K–$1.05M investment
Approval Rate Comparison
E-2 Approval History
| Year | Petitions | Approval Rate |
|---|
| No data available |
EB-5 Approval History
| Year | Petitions | Approval Rate |
|---|
| 2024 | 2,500 | 8400.0% |
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Frequently Asked Questions
What is the main difference between E-2 and EB-5?
E-2 is Investor while EB-5 is Immigrant (GC). E-2 requires own company, while EB-5 requires self. Duration: E-2 lasts 2–5 yrs vs EB-5 lasting Permanent.
Can I switch from E-2 to EB-5?
Switching between visa types typically requires filing a new petition or change-of-status application with USCIS. Each situation is different. Consult an immigration attorney to evaluate your specific circumstances.
Which is better for a green card — E-2 or EB-5?
IS the green card is an immigrant visa that directly leads to a green card. No direct GC path is a nonimmigrant path that may lead to a green card. Your best path depends on your qualifications, nationality, and employer situation.