E2 vs EB5 - 7 Differences Between These Immigration Investor Visas
Two of the most effective immigration investor visas in the USA are the E-2 and EB-5 visas. In this video, an immigration attorney explains the seven mayor differences between the E-2 visa and the EB-5 visa.
The immigration lawyer answers the following questions on the E-2 vs EB-5 investor visas:
– E2 visa and EB5 visa difference in immigration status?
– How does nationality affect the E2 visa and the EB5 visa?
– What are the job creation requirements for the E2 visa and the EB5 visa?
– What is the minimum investment amount for the E2 visa and the EB5 visa?
– What is the source of funds requirement for the E2 and EB5 investor visas?
– What are the wait times for the E2 and EB5 visas?
– What work authorization do the E2 and EB5 visas provide?
This video is intended for education purposes and should not be taken as legal or tax advice. You should consult with your financial professionals about your unique financial situation before acting on anything discussed in these videos. Freedomtax Accounting and Multiservices Inc. and Freedom Immigration International Inc. are providing educational content to help small business owners become more aware of certain issues and topics, but we cannot give blanket advice to a broad audience. Freedomtax Accounting and Multiservices Inc., Freedom Immigration International Inc. or its members cannot be held liable for any use or misuse of this content.
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Carlos: Hello from Freedom Group. We are a group of four companies where we have been providing quality tax, accounting, immigration, real estate insurance and financial planning services now for over 20 years. If you are a foreign investor looking to start an immigration process in the US, then one of the two most common investor visas are the E2 visa and the EB5 visa. These are two good visas that you could use to start your immigration process in the United States. But the E2 visa and the EB5 visa have major differences. And in this video, we’re going to talk about the seven major differences between the E2 visa and the EB5 visa. To do that we’re going to bring in our immigration attorney, Mr. Robert Montaldo. How are you, Robert?
Robert: I’m good. Carlos. How are you?
Carlos: Good. Robert is our immigration attorney here at Freedom Immigration. So, Robert, as you know, a lot of foreign investors want to come to the US using an investor visa. And the 2 of the most common vehicles that they use is the E2 visa and the EB5 visa. So, the first major difference between the E2 visa and the EB5 visa is concerning their immigration status. Can you talk a little bit more about that, of course,
Robert: Of course, the E2 visa is a nonimmigrant visa, which means it does not lead you to a green card or permanent residency. You come into the US and you can stay for the duration of your visa. But the E2 specifically you can continue to extend it. But like I said, it would never lead you directly to a green card versus the EB5 visa. The whole point of the visa is to obtain your green card and be able to stay in the US permanently.
Carlos: Okay. And also, another difference between the E2 visa and the EB5 is concerning nationality. What is that about?
Robert: Well, yes, because the E2 visa to be able to apply for one the country you’re from must have an E2 treaty with the United States. You can get this on the State Department’s website or just by literally googling E2 treaty countries versus the EB5 visa it does not matter what country you’re from.
Carlos: Okay. And another difference between the E2 visa and the EB5 visa is concerning how many jobs these new businesses have to create in order to make these visas work. So, in terms of job creation requirements, what’s the difference from the E2 visa to the EB5 visa?
Robert: Well, the E2 visa is a little simpler. In that case, it has no job creation requirements, versus the EB5 visa requires us to create 10 full time positions for us workers.
Carlos: Okay. And honestly, I think this is the most common question we get in our office concerning the E2 visa and the EB5 visa and it’s how much is the minimum investment needed to get an E2 visa? And how much is the investment amount needed for the EB5 visa?
Robert: Well, again, E2 visa is a little simpler in that in this case, there’s no specific amount required, the US government just requires it to be a substantial amount. In our experience, we recommend between 100 to 150,000 on the low end, but it also depends on what type of business it is. For the EB5 the minimum is $1 million, unless the investment is in a targeted employment area, in which case it would be a half million dollar minimum.
Carlos: Okay. And obviously this investment has to come from somewhere. And I know immigration has specific rules where the money comes from. So, what are the source of funds requirements for the E2 and EB5 visa?
Robert: Well, in this case, both of them require that the funds come from lawful sources like employment, sale of property sale business, they live in other investments, gifts or an unsecured loan. I say “unsecured” because the loan cannot be secured by the investment. If it does, it would not qualify.
Carlos: Okay. And also, I think the second most common question we get in freedom immigration concerning the E2 visa and EB5 is how long does the process take?
Robert: Well, the E2 visa is a lot faster than the EB5. The USCIS process takes around three months but you can apply for premium processing in which case would only be 15 days, then the consular processing takes around three months but it heavily depends on which embassy the appointment is at. On the other hand, the EB5 once you apply at USCIS it’s around 18 months and then to adjust it depends if you’re in the US it could take six months. If you’re out it could take about 18 months to get the consular appointment once you get your green if given to you conditionally for two years, and then after that you can apply to remove the conditions. Currently, it’s taking about two and a half years additionally to remove the conditions. So, for the EB5, we’re talking about multiple years to get your green card versus the E2, we’re talking around six months, again, depending on where you get your interview.
Carlos: Okay? And I think the last difference between the E2 visa and the EB5 visa is concerning work. And these investors work like, what’s their work authorization, once they get their visa?
Robert: Yeah, well, the E2 visa, you have to work for the company that petitioned you. Meanwhile, with the EB5 you can work for whomever you want for any company as long as you continue to manage the EB5 company that brought you here.
Carlos: Okay. Now, in your experience, Robert, which visa is better is the E2 visa or the EB5 visa?
Robert: Well, better the EB5 visa because it gets you a green card. Which one is simpler and easier to obtain the E2 visa because it has a lot less requirements. So, it’s really whether you want speed and ability to obtain or if you want the end result of the green card.
Carlos: Okay, very good. Now, if somebody wants to get an E2 visa, or start the process for the EB5 visa, what do they need to do?
Robert: Call Freedom Immigration at 407-910-4770.
Carlos: Very good. So now you know those are the seven major differences between the E2 visa and the EB5 investor visa for immigration in the United States. I am going to put the link to their freedom immigration website on the description of this video. If you want to schedule your consultation, contact Freedom Immigration at 407-910-4770. Thank you for watching this video. Have a great day. God bless you. Bye.