QUESTION: I have some money to invest in a new business to come to the United States, but I don’t know which visa to use. I have heard there is the EB-5 and the E-2. Can you let me know what is the difference and which one I should use?
Answer: First of all, you have to understand that the EB-5 is for the Green Card. This means that if the EB-5 is approved, you will obtain lawful permanent residency.
Question: What about my family for the EB-5?
Answer: There can be derivative visas for your spouse and your unmarried children under 21 years old. Therefore, all of them can obtain the Green Card because of your application.
Question: What about the E-2. Is this for the Green Card also?
Answer: No. The E-2 is basically a work-permit. It is a very nice work-permit for the entrepreneur, but nevertheless, it is a work permit. It will expire about once every 2 years. You will have to renew it. However, there is no limitation on the amount of times that you need to renew your E-2. In fact, you can come for the rest of your life on the E-2 and renew it time after time.
Question: What about the derivatives for the E-2?
Answer: Unlike the EB-5 which will result in residency if approved, the E-2 can result in derivative status for the spouse and unmarried children of the primary applicant. The derivative benefits are different. For example, the spouse can also come on E-2 and get a work permit to work anywhere without restriction. The children who are unmarried and under 21 can go to school without any problems and without the need for an I-20 or change of status up until they are 18 years old. However, after the children reach 21 years old, they will no longer qualify for E-2 derivative status.
Question: How about the investment? Is that the same for the E-2 and EB-5?
Answer: No. This is one of the biggest differences. In fact, many people will not have the money to qualify for the for the EB-5, but can qualify for the E-2. For the EB-5, you will need $1,000,000 investment. If you invest in a regional center, you will need only $500,000US However, this is still an amount which is clearly a great deal of money.
With the E-2, there is no exact amount. However, you can get an E-2 with an average of around $50,000 to $100,000US investment. Obviously, this amount is much less than required for the EB-5 and opens up many more possibilities.
Question: Can anybody apply for the EB-5?
Answer: The answer is yes. However, this assumes they have the requisite investment and that they are not inadmissible on any other grounds.
Question: Can anybody apply for the E-2?
Answer: No. You must be a citizen of the Treaty Country with the United States. There are many countries that have treaties with the United States. However, many do not. If you come from a country that does not have a treaty with the United States, then the EB-5 is your option for investment.
Either way, you should make certain what are your investment opportunities and what you might qualify for under US Immigration Law.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
