Investor Visas: EB 5 versus E 2:
USCIS has many different investor visas under the E classification. There is the E 1 [which will be discussed in a subsequent article], E 2 and EB5 including the EB5 pilot program. All of these visas has advantages and disadvantages. The investor visas are for investment in United States business entities. All have strict requirements and a proper analysis of the goals of the client is essential in determining which visa is most appropriate.
Most investors have the goal of permament residency for themselves, their spouse and their unmarried children under the age of 21. This permanent residency can lead to citizenship if desired. The EB 5 visa petition allows the investor, their spouse and all unmarried children under the age of 21 to enter the United States a permanent residents under the I-526. After two years, the I-829 is filed which, upon granting, make the status permanent. The EB 5 pilot program also allows for entrance to the United States as permanent residents and has many benefits over the EB 5. First, the investment is $500,000 as opposed to $1,000,000. Second, the investment can be made in a United States Approved Regional Center in a targeted employment area which will satisfy the requirement by USCIS of ten jobs created. In the EB 5 pilot program, these can be indirect jobs so that the permanent residency is assured upon the investment and not success of the project. As with all investments, the requirement is that they be "at risk". A due diligence analysis of the investment and project can lessen the risk. The EB 5 is not limited to the countries which are listed for the E 2 treaty investor visa and this widens the countries from which their nationals can petition.
An E 2 visa is an investor for treaty countries. These countries include [but check with the Department of State since treaty status can change] Argentina, Armenia, Australia, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia, Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecaudor, Egypt, Estonia, Ethiopia, Finland, Jamaica, Japan, Jordan, Kazahkstan, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Columbia, Congo (Brazzaville), Pakistan, Philippines, Sengal, Slovenia, Suriname, Thailand, Tunisia, United Kingdom, Luxembourg, Macedonia, Mexico, Mongolia, Morocco, Netherlands, Norway, Oman, Paraguay, Romania, Slovak Republic, Sri Lanka, Switzerland, Trinidad, Tobago, Ukraine, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Panama, Poland, Singapore, Spain, Sweden, Togo, Turkey and Yugoslavia. Another requirements is that you are investing, or have invested, a substantial amount. This is not a determined number but different for each investment unlike the EB 5. The advantage is that this can be lower than $500,000 but the disadvantage is that this E 2 visa does not allow the investor to enter a a permanent resident nor adjustable to permanent residency. In addition, the investor must be coming to the United States solely for the purpose of the investment and have at least a 50% ownership of the company in which the investment is made or a managerial position.
As you can see, an analysis must be completed first to determine if the goal of the investor will be met with the petition filed.
Our law office would be pleased to offer you a complimentary and confidential consultation in which your factual situation is analyzed and the most appropriate petition filed. Feel free to call or e mail.
