Is it fair to compare the E2 to the EB5 visa?

Why are an increasing number of E2 visa holders looking at the EB5 option?

For many, living in the USA has been made possible by using the E2 visa program. However, for those E2 visa holders who have resided in America for a number of years there has been a degree of anxiety as well as expense at renewal time. Indeed, it is increasingly clear that renewal of this visa cannot be taken for granted however long you have lived in The States. New E2 applicants are also finding a variable waiting period, possibility of rejection, and the need to inject an increasingly higher level of funding to find a qualifying business.

There are particular concerns if you wish to retire, have children approaching their 21st birthday, or if you want to remain permanently in The USA.

Another potential downside is the E-2 has ‘non-immigrant’ status, which has serious implications that few point out.

There are thousands of E2 visa holders living in the US but sooner or later they are going to have to confront their status and plan for the long term, for if they sell their business or it ceases trading their visa may not be renewed. Also, children at 21 will need their own visas or be forced to leave the US. Such a lack of security may not suit everyone looking to reside in the US.

What makes the EB-5 Visa program different from the E-2 visa?

Participation in the EB-5 Immigrant Investor program provides permanent resident status (green card). Permanent residency has the major advantage of not requiring renewal or re-application.  In contrast, the E-2 visa allows for non-immigrant status only.  When the qualifying business/investment ends, so does the non-immigrant status that has been granted to the E-2 visa holder who may have to leave the United States unless another visa category is granted.

U.S. non-immigrant visas, such as E-1, E-2 and H category visas may never result in permanent residency, have time limits, and require additional filings with USCIS or Department of State.

Contact us for more information on how the EB5 can be a viable alternative to the E2 using the form on the right