Guiding Foreign Investors Since 1973: E-2 & EB-5 Strategy
Foreign nationals investing in a U.S. business face one threshold decision before anything else: which visa category fits. The E-2 Treaty Investor Visa and the EB-5 Immigrant Investor Visa serve different goals, carry different eligibility rules, and require different capital commitments. Getting that choice right before filing can help protect both your investment and your timeline. We help Cincinnati-area and international investors work through that decision and build the strategy to support it.
The Fleischer Law Firm LLC has practiced immigration law since the firm’s founding by Richard I. Fleischer in 1973. Our team handles every stage of the investor visa process, from eligibility analysis and strategy through application preparation and interviews, for clients ranging from startup founders to multinational corporations.
Ready to evaluate your investor visa options? Call us at (513) 880-9969 to speak directly with one of our attorneys.
E-2 vs. EB-5: Two Distinct Pathways
These two categories serve different investor profiles. The E-2 is a nonimmigrant visa, meaning it’s a temporary status that doesn’t lead to a green card on its own. It’s available only to nationals of a country that maintains a qualifying treaty of commerce and navigation with the United States. There’s no fixed minimum investment; the capital must be substantial relative to the total cost of the enterprise, a standard known as the proportionality test.
The EB-5 is an immigrant visa category that leads to lawful permanent residence. Unlike the E-2, it carries no treaty-country restriction: investors from any nationality may apply. Under the EB-5 Reform and Integrity Act of 2022, the standard minimum investment is $1,050,000, reduced to $800,000 for investment in a Targeted Employment Area (a rural area or one designated as having high unemployment) or a qualifying infrastructure project. EB-5 investors must also create or preserve at least 10 full-time jobs for U.S. workers.
We assess eligibility for both categories and guide applicants through the process that fits their situation.
E-2 Treaty Investor Visa: Eligibility in Detail
Three core requirements define E-2 eligibility. The investor must be a national of a treaty country, have invested or be actively in the process of investing a substantial amount of capital in a bona fide U.S. enterprise, and intend to enter the United States to develop and direct that business. More than 80 countries currently maintain E-2 treaties with the United States, but several major economies, including China, India, Brazil, and Russia, are not on the list. Nationality is therefore the first checkpoint in any E-2 analysis.
Ownership, Control, & the Qualifying Enterprise
Ownership and control matter equally. Eligibility requires at least 50% ownership of the enterprise or possession of operational control through a managerial position or comparable corporate device. The business itself must be a real, active commercial undertaking that produces goods or services for profit. Undeveloped land held for appreciation or a similarly passive holding doesn’t qualify.
The proportionality test governs the investment amount. Rather than a fixed dollar floor, USCIS evaluates whether the capital committed is substantial relative to the total cost of starting or purchasing the enterprise. Smaller businesses therefore require a higher investment-to-cost ratio than larger ones.
Additional Features of the E-2 Category
No annual numerical cap applies to E-2 visas, unlike some other visa categories.
Indefinite renewability is possible as long as the qualifying business remains active.
E-2 employees of the same enterprise may qualify if they serve in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers don’t qualify under this category.
Because the E-2 is a nonimmigrant classification, it doesn’t directly confer permanent residence. Investors who later want a green card will need to pursue a separate immigrant pathway, including potentially the EB-5 program.
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Immigration Counsel That Works with Investors Directly
The Fleischer Law Firm LLC focuses exclusively on immigration law. That focus lets us stay current across every visa category and regulatory change rather than dividing attention across practice areas. When you work with our firm, you work directly with our attorneys, not with paralegals or case managers serving as go-betweens.
Investor visa matters carry real financial stakes. The decision between an E-2 and an EB-5 affects how much capital you commit, whether permanent residence is even on the table, and how long your status remains valid. We build genuine working relationships with our clients and give them the honest assessments they need to make those decisions well. Since the firm’s founding in 1973, we’ve represented clients ranging from startups seeking their first visa to multinational corporations managing complex cross-border workforce needs, as well as families and foreign ambassadors.
Start Your Investor Visa Evaluation
We offer a complimentary case evaluation for investor visa matters. Whether you’re still weighing the E-2 and EB-5 options or ready to move forward, that conversation can give you a clear picture of your eligibility and the next steps involved. We respond promptly and work around your schedule.
EB-5 Immigrant Investor Visa: Eligibility in Detail
The EB-5 program creates a path to a U.S. green card through qualifying investment and job creation. Under the EB-5 Reform and Integrity Act of 2022, effective March 15, 2022, the standard minimum investment is $1,050,000. That threshold drops to $800,000 for investment in a Targeted Employment Area (a rural area or one formally designated as having high unemployment) or a qualifying infrastructure project.
Job Creation Requirement & Investment Structures
Every EB-5 investor must invest in a new commercial enterprise and create or preserve at least 10 full-time jobs for qualifying U.S. workers. How those jobs are counted depends on the investment route chosen.
Two investment structures are available:
Direct investment means placing capital into a business the investor owns and operates directly. Job creation must be demonstrated through direct employment of U.S. workers.
Regional center investment routes capital through a USCIS-designated regional center. This structure allows job creation to be counted on a broader basis, including direct, indirect, and induced jobs, giving investors more flexibility in meeting the 10-job requirement without day-to-day operational involvement.
Unlike the E-2 visa, EB-5 investors aren’t required to develop and direct the enterprise on a daily basis. A required position such as a board seat typically satisfies the involvement standard.
Conditional Permanent Residence & the Path to a Green Card
The path to a permanent green card under EB-5 has two stages. Investors first receive conditional permanent residence, valid for two years. Before that period ends, they must file a petition (Form I-526E for regional center investors) demonstrating that the investment was made and the job-creation requirements were met. If USCIS approves that petition, the conditions are removed and a standard green card is issued.
