For the affluent and the entrepreneurial, the United States remains one of the world’s premier immigration destinations. This article outlines two strategies—the E-2 “Treaty Investor” visa1 and the EB-5 “Employment Creation” green card—that foreign investors may pursue to obtain a variety of privileges in the United States. Investment in a U.S. enterprise may afford the right to spend prolonged periods or immigrate with their immediate families; the right to work; for the E-2 nonimmigrant, the freedom to choose to be taxed as a U.S. resident or nonresident; and, for the EB-5 immigrant, the freedom to retire on a full- or part-time basis and the ability to qualify for U.S. naturalization.
Both the E-2 and the EB-5 categories, however, are studded with complex rules and intricate interpretations, and administered by government officials of varying temperament, talent and expertise. Moreover, there may be more appropriate paths to achieve comparable immigration benefits based on the individual’s particular background, education, career history, accomplishments, business activities, or family relationships.
E-2 Visas: the Basics
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