At VR Business Brokers in Houston, we can help foreign nationals from the UK, Europe, and  Asia in identifying potential business purchases that will qualify for fast-tracking legal immigration status. Typically, this will involve an investment of at least $150,000 in a business that also provides local employment opportunities and has verifiable tax returns.

 

VR has established relationships with top-rated immigration attorneys that can work with you to create a plan for your immigration to the United States. We are familiar with the difficult task of completing the immigration process and can also provide you with referrals for the selection of housing, financial institutions, schools, business lawyers and accountants prior to your final move to the U.S. We can also help if you are seeking to sell your business to a foreign national. 

Following is a chart showing the differences between the E-2 Visa and the EB-5 Visa

Item	E-2	EB-5	Difference
Status upon approval	An E-2 investor has a non- immigrant (temporary) status in the U.S. The visa has an expiration date and must be renewed (usually every 5 years). The E-2 investor can live in the U.S. full time and work for the E-2 visa company while he or she has E-2 status, but must depart if status expires.	An EB-5 investor will have conditional permanent residence status in the U.S. for two years with no restrictions on employment or travel. Once the investor removes the conditions in 2 years by showing maintenance of investment and job creation, he or she will have unrestricted permission to live in the U.S. permanently.	Main difference: E-2 is temporary and EB-5 is permanent.
Investment requirement	There is no minimum investment, but often lawyers advise an investment of at least $100,000 in cash or other capital assets (e.g. equipment or inventory transferred from abroad).	$500,000 investment in cash or other capital assets is required if the business will create jobs in a high unemployment area or agricultural area. Otherwise, $1 million investment is required. If the EB-5 is part of a regional center, the program will often charge an extra fee of around $40,000.	Main difference: EB-5 requires more money.
Validity periods	Usually valid for 5 years, though some embassies give a shorter validity periods for first time investors or because reciprocity rules require it. The visa can be renewed an unlimited number of times.	The conditional green card will be issued for 2 years. Once the conditions are removed, the investor will receive a 10 year green card that can be renewed. The investor is eligible for U.S. citizenship in 5 years.	Main difference: EB-5 requires much less involvement of investor.
Processing time for applications	U.S. consulates abroad generally review and approve E-2 visas and processing times vary among consulates. Usually 4-12 weeks.	The EB-5 has a two-step application process. The first step usually takes 7 months and the second step takes about 6 months.	Main difference: E-2 is faster to get.
Percentage of ownership required in the U.S. business	The E-2 investor must have a controlling interest in the U.S. business, which is generally defined as a minimum of 50% interest if there are two owners or a minimum or 51% interest or more if there are more than two owners.	The EB-5 investor can own any amount of the company as long as he or she has some ownership percentage and as long as his or her investment is classified as a capital contribution and not a loan.	Main difference: EB-5 requires smaller ownership percentage.
Classification of financial investment	Generally, the consulates and USCIS want to see the investment classified as a “capital contribution” or “additional paid in capital” in the company balance sheet. They sometimes do not mind if the investment is classified as a “shareholder loan” but this should be avoided.	The investment must be classified as a “capital contribution” or “additional paid in capital” in the company balance sheet.
Participation of the investor	The E-2 investor must be coming to the U.S. to “direct and develop” the E- 2 company. The consulates want to see that the investor will be actively engaged in the management of the company. The investor must show he or she is qualified to manage a company through education or prior work experience.	The EB-5 investor must be actively involved in the management of the new commercial enterprise (day- to-day or through policy formulation). This requires must less involvement. Even a limited partnership interest is acceptable.
Date of formation of investment company	If the E-2 investment purchases an existing company, it does not matter when that company was formed.	The EB-5 investment company must be established after November 29, 1990 (or it must be shown that a business formed before 1990 has been substantially reorganized or the investment results in a 40% increase in net worth or employees).	Main difference: the date an acquired business is formed is important for an EB-5.
Proving source of investment funds	The E-2 investor must document how the investment funds were earned (or capital assets acquired) and transferred to the U.S. to show ownership and control of the investment.	The EB-5 investor must show that the investment funds were obtained through lawful means. This requires much more detailed documentation including 5 years of tax returns from U.S. and/or last country of residence.	Main difference: EB-5 requires more evidence on source of funds.
Job creation	The E-2 investor must show that the business will not be “marginal.” This can be proven if the business makes a significant economic job contribution through job creation or produces more than a living wage for the investor. Employees are not required if the business produces more than a living wage for the investor (but they are recommended). Direct or indirect job creation can be considered (though direct employment where employees are on payroll is better). There is no minimum number of employees required (but the more the better).	The EB-5 company must create 10 new full-time positions within 2 years. These must be at least 35 hours per week. Employees must be on payroll. Only U.S. workers and not the investor or his/her family are considered. Exception—In lieu of the creation of 10 new jobs, an EB-5 investor can show the preservation of 10 jobs for at least 2 if the EB-5 company is a “troubled business” (has a loss equal to 20% of its value for 1 out of the past 2 years). Exception 2—If the EB-5 investment is in a regional center, then the job creation requirement can be met by showing the indirect creation of 10 jobs per investor. These do not have to be employees on the payroll of the EB-5 company.	Main difference: EB-5 requires much more job creation.
Employees from same country	E-2 regulations allow an E- 2 investor to hire employees from the same country if the employee will perform a management level or essential function.	EB-5 regulations do not permit employees from the same country.	Main difference: only E-2 allows employees from same country.
Inadmissibility (e.g. criminal issues)	If an E-2 investor is in admissible due to criminal history or other grounds, it may be possible to get a 212(d)(3) non-immigrant waiver that would permit admission of the otherwise inadmissible investor into the U.S. (note this adds 4-6 months to the processing time).	If an EB-5 investor is inadmissible due to criminal or other grounds the waivers are more limited. The investor may have to show extreme hardship to a U.S. citizen relative or that the conviction was more than 15 years ago.