E-2, EB-5

Investors and founders

Investors can reach the United States through two main routes. The E-2 treaty investor visa suits nationals of treaty countries who invest in and direct a U.S. business. The EB-5 program offers a green card for a qualifying investment that creates U.S. jobs. We assess eligibility, structure the investment documentation and coordinate with business advisers.

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Last reviewed September 2026

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Who this is for

Nationals of E-2 treaty countries buying or starting a U.S. business
Investors seeking permanent residence through EB-5
Founders comparing investor routes with O-1 or National Interest Waiver options

How we help

Route comparison: We compare E-2, EB-5, O-1 and NIW options against the client's nationality, capital and goals.
Source of funds: We document the lawful source and path of investment funds, which officers examine closely.
Business documentation: We prepare business plans and corporate records that meet the legal standard.

The legal standard

Key EB-5 requirements

Under the EB-5 Reform and Integrity Act of 2022, the main thresholds are:

1A standard minimum investment of $1,050,000
2A reduced minimum of $800,000 in a targeted employment area or an infrastructure project
3Creation of at least 10 full-time U.S. jobs per investor
4Lawful source of all invested funds

E-2 eligibility depends on a treaty between the United States and the investor's country of nationality. Some countries, including Nigeria, do not hold E-2 treaty status, so we review alternatives early.

Forms involved

DS-160Nonimmigrant Visa Application (E-2, at a consulate)
I-526Immigrant Petition by Standalone Investor
I-526EImmigrant Petition by Regional Center Investor
I-829Petition to Remove Conditions (EB-5)

Government filing fees are listed on our filing fees page.

Timeline

E-2 visas are processed at U.S. consulates and timelines depend on the post. EB-5 petitions often take a year or more, and investors receive a conditional two-year green card before filing to remove conditions.

Document checklist

A starting list. We send a checklist for your case after the consultation.

Passport and proof of nationality
Business plan and corporate documents
Evidence of the investment and the source of funds
Tax and bank records tracing the funds

Questions clients ask

How much must I invest for E-2?

The law sets no fixed minimum. The investment must be substantial for the type of business and placed at risk.

Is my country an E-2 treaty country?

The U.S. Department of State publishes the list of treaty countries. Nigeria, for example, is not on it, so Nigerian nationals generally consider other routes.

Does EB-5 lead to a permanent green card?

Investors first receive a conditional green card for two years, then file Form I-829 to remove conditions once the investment and job creation are shown.

What is a regional center?

An entity approved by U.S. Citizenship and Immigration Services that pools EB-5 investments into projects and can count indirect jobs.

Can founders use other routes?

Yes. Founders with strong records often qualify for O-1 or a National Interest Waiver without a set investment amount.

Do you provide investment advice?

No. We advise on immigration law and coordinate with your financial and business advisers.

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