March 7, 2011 | 4:18 pm
Posted by Cedric M. Shen
Many people have been asking me whether they should apply for an E-2 treaty trader visa or an EB-5 green card. I have previously discussed each one of them in my previous posts. There are several advantages and disadvantages to each one, which I will outline in this post. Which one is right for you depends on your specific needs and resources.
If your goal is to simply live in the United States, I would recommend an EB-5 green card through a Regional Center. An investment of $500,000.00 gets you and your family an immediate green card without the need to start up a company or to oversee operations.
If your goal is to start up your own business operation, then an E-2 visa would be ideal unless you have a significant amount of money to invest – in which case a $1 million EB-5 green card may be appropriate.
Advantages of an E-2 visa
- Renewable indefinitely
- Smaller investment than and EB-5 green card (as little as $50,000.00 to $250,000.00)
Disadvantages of an E-2 visa
- Money must be substantial and at risk
- No path to permanent residency
- Visa expires upon termination of the business
- Unable to accept income until E-2 is granted; even though you have already put the investment at risk prior to approval
Advantages of an EB-5 green card
- Immediate residency in the U.S.
- Spouse and children under 21 obtain residency under the primary applicant’s investment
- Live, work, travel, study in the United States without any restrictions
- Residency is permanent – generally no expiration
Disadvantages of an EB-5 green card
- Higher investment amount ($500,000.00 to $1 million)
- Investment tied up for extended period of time.
This is a rather cursory overview, but hopefully you get an idea of the differences between the two. As always, please feel free to contact me if you need more details.
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