Business Immigration Services
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E-2 and EB-5 Immigration Solutions
Guerrero Banad provides comprehensive guidance for investors at every stage of the process, from initial eligibility assessment through final visa approval and beyond.
E-2 Treaty Investor Visa
The E-2 visa is a non-immigrant category available to nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States. It allows foreign investors to enter the U.S. to develop and direct the operations of a business in which they have invested, or are actively in the process of investing, a substantial amount of capital.
Key E-2 Requirements
- The investor must be a national of an E-2 treaty country.
- The investment must be substantial — sufficient to ensure the successful operation of the enterprise. There is no fixed dollar minimum, but the investment must be proportional to the total cost of the business.
- The enterprise must not be a marginal enterprise — it must have the present or future capacity to generate more than enough income to provide a minimal living for the investor and family.
- The investor must invest in a bona fide enterprise — not a speculative or idle investment.
- The investor must be coming to the U.S. to develop and direct the enterprise, demonstrated by at least 50% ownership or control through a managerial position.
E-2 for Key Employees
Employees of E-2 treaty enterprises who are essential to the operation of the business — and who share the treaty nationality — may also qualify for E-2 status. Our attorneys advise on structuring the organisation and documenting the essential employee role to support these secondary applications.
E-2 Duration and Renewal
E-2 status is granted for up to two years initially, with unlimited two-year extensions available so long as the investor maintains qualifying status. While the E-2 is a non-immigrant visa and does not directly lead to a green card, it can be held alongside parallel immigrant petitions (such as an EB-5 or EB-1C) for investors who wish to pursue permanent residence.
EB-5 Immigrant Investor Program
The EB-5 programme offers U.S. lawful permanent residence to qualifying foreign investors. Administered under the EB-5 Reform and Integrity Act of 2022, the programme has two tracks: Direct Investment and Regional Center Investment.
Investment Amounts
The standard investment threshold under the EB-5 Reform and Integrity Act is $1,050,000. This is reduced to $800,000 for investments made in Targeted Employment Areas (TEAs) — defined as rural areas, areas with high unemployment (at least 150% of the national average), or infrastructure projects. The investment must be made in a new commercial enterprise.
Job Creation Requirements
- Direct Investment: The investor must demonstrate direct creation of at least ten full-time positions for U.S. workers (U.S. citizens, lawful permanent residents, or other protected workers) within two years of the investor receiving conditional permanent residence.
- Regional Center: The investor must demonstrate that at least ten full-time positions were indirectly created as a result of the investment. Indirect and induced jobs may be counted for Regional Center investors.
Active vs Passive Management
A key distinction between the two EB-5 tracks is the management requirement. Direct investors must be actively involved in the management and operation of the enterprise. Regional Center investors are not required to participate in day-to-day operations, making this track attractive to purely passive investors.
The EB-5 Process
The EB-5 process involves multiple USCIS filings — I-526E (immigrant investor petition), I-485 (adjustment of status) or consular processing, and I-829 (petition to remove conditions on residence). Our attorneys guide investors and their advisors through each stage, coordinating with business counsel, securities lawyers, and Regional Center administrators as appropriate.
