Investor Visas: E-1 versus EB 5: Analysis
There are many differences between the EB 5 and the E 1 visas. USCIS has many different petitions for investors. There are also other investor visas such as the E 2. The E 1 is for personnel of treaty trader companies operating in the United States. Nationals of these treaty trader countries may apply to entrance to the United Status under E 1 status if the purpose is to carry out substantial trade. This is distinguished from the E 2 as this is for investment as is the EB 5.
Under the requirements of the E 2,managers, executives and other specialists of treaty trader country companies operating in the U.S. may petition for this visa. The requirements include that the nationals of these treaty countries seeking to enter the U.S. must carry out substantial trade. For the E-2, the international trade between the home country and the U.S. must be 'substantial'. Substantial is not defined as a dollar amount and is, instead, defined in that there is a sizable and continuing volume of trade. One of the additional requirements is that more than fifty per cent [50%] of the trade internationally must be between the home country and the United States. The E-2 visa also allowes Immediate family members of E-1 visa holders to enter the county and this is defined as the spouse and all umarried children under the age of 21. Unlike the EB 5 visa, the E-2 visa will not be able to be adjusted to permanent residency in the United States.
The countries which are included in the current list for the treaties are as follows. Make sure to consult an attorney before petitioning as this list can change.The current countries are Mexico, Phillipines, Japan, United Kingdom, China (Taiwan), Yugoslavia, Turkey, Togo, Sweden, Spain, Singapore, Poland, Panama, Italy, Ireland, Iran, Honduras, Grenada, Germany, Georgia, France, Ukraine, Tobago, Trinidad, Switzerland, Sri Lanka, Slovak Republic, Romania, Paraguay, Oman, Norway, Netherlands, Morocco, Mongolia, Macedonia, Luxembourg, Tunisia, Thailand, Suriname, Slovenia, Sengal, Pakistan, Congo (Brazzaville), Columbia, Chile, Canada, Cameroon, Bulgaria, Herzegovinia, Lithuania, liberia, Latvia, Kyrgyzstan, South Korea, Kazahkstan, Jordan, Jamaica, Finland, Ethiopia, Estonia, Egypt, Ecuador, Czech Republic, Croatia, Costa Rica, Bongo (Kinshasa), Bosnia, Bolivia, Belgium, Bangladesh, Bahrain, Azerbajian, Australia, Armenia and Australia. If your nationality is not one of these countries, then your petition for an E-1 or E-2 would not be approved. If you do not live in one of these treaty countries, you can still petition under the EB-5.
The EB-5 is for investors who invest in the United States. The EB 5 investment can be as high as $1,000,000 and as low as $500,000 for the pilot program with the United States Approved Regional Centers in targeted employment areas. A careful analysis must be performed before the petition is filed to determine the requirements of the petition and the chances of success. No attorney can guarantee the success of any petition as this is approved the USCIS so it is crucial for the petitioner to make an informed and intelligent decision with the assistance of their immigration attorney.
For any questions about whether it is better for you to file for an E-1 or EB-5, please contact our law office for a complimentary and confidential consultation.
