Investors
EB-5 investor green card
Investment amounts, regional centers, set-aside visas, fees, timing, the 2027 sunset and the risks of the EB-5 green card.
Investors
EB-5 vs. E-2 vs. L-1: comparing investor and business routes
EB-5 is a green card for investors of at least $800,000 or $1,050,000 who create 10 jobs. E-2 is a renewable temporary visa for treaty-country citizens running a business they substantially invested in. L-1 is a temporary transfer visa for managers and specialists of multinational companies, with a common path to an EB-1C green card.
Three different tools for three different goals
EB-5, E-2 and L-1 are often mentioned together because each can bring a business-minded person to the United States. They answer different questions, though. EB-5 is a green card earned through a large at-risk investment that creates jobs. E-2 is a renewable temporary visa for treaty-country citizens who invest in and run a U.S. business. L-1 is a temporary visa for managers, executives and specialized-knowledge employees transferring from a company abroad to a related U.S. company. Your nationality, money, business history and long-term goal usually point clearly toward one of them, or a sequence of them. Our investors hub lists other routes.
EB-5 vs. E-2 vs. L-1 side by side (as of October 2026)
| Factor | EB-5 | E-2 | L-1 |
|---|---|---|---|
| Purpose | Permanent residence for investors whose capital creates U.S. jobs | Develop and direct a U.S. business you invested in | Transfer a manager, executive or specialized-knowledge employee within a multinational company |
| Status type | Immigrant (conditional green card, then permanent) | Nonimmigrant, renewable in up to 2-year admissions | Nonimmigrant; L-1A up to 7 years total, L-1B up to 5 |
| Investment | $1,050,000, or $800,000 in a TEA or infrastructure project (filings through Dec. 31, 2026; inflation adjustment due Jan. 1, 2027) | No fixed minimum; must be substantial relative to business cost and at risk | None required, but the U.S. office must be adequately funded and able to support the role |
| Nationality limits | Any nationality; visa backlogs for people born in mainland China and India in the unreserved category | Only citizens of E-2 treaty countries | Any nationality |
| Prior employment | Not required | Not required for the investor | At least 1 continuous year in the past 3 years with the related foreign company |
| Job creation | 10 full-time jobs per investor | No set number, but the business must not be marginal | Not required (new offices must show growth to support a manager within a year) |
| Path to green card | Built in: conditional residence, then Form I-829 | None built in; separate petition (EB-5, EB-1C, NIW, PERM, family) | L-1A managers often move to EB-1C; dual intent permitted |
| Spouse and children | Spouse and children under 21 get green cards | Spouse may work (E-2S); children under 21 may study | Spouse may work (L-2S); children under 21 may study |
| Main government fees | Form I-526E $3,675 before Nov. 30, 2026; $7,850 plus $1,100 Integrity Fund fee on or after | Consular visa fee, or Form I-129 $1,015 + $600 Asylum Program Fee in the U.S. | Form I-129 $1,385 + $600 Asylum Program Fee (reduced for small employers), plus a $500 fraud prevention fee for initial petitions and a $4,500 fee for employers with 50+ U.S. employees more than half on H-1B or L-1 |
| Typical timing | Years, depending on USCIS processing and visa availability | Weeks to months at many consulates | Weeks with premium processing ($2,965) or months without |
| Biggest risks | Loss of capital, project failure, long waits, 2027 regional center sunset | Business failure ends status; children age out at 21; no green card | Losing the job or the corporate relationship ends status; new-office extensions are scrutinized |
Fees above come from the 2024 USCIS fee rule, the 2026 EB-5 fee rule and the 2026 premium processing notice. A DHS rule effective September 9, 2026 extended the $4,500 L-1 fee for covered employers to all extension petitions, not just initial ones. Confirm all fees on the USCIS fee schedule on the day you file.
When EB-5 tends to fit
EB-5 is usually considered by people who want permanent residence for the whole family, have well-documented capital of at least the required amount plus fees, and either want a passive investment (regional center) or plan to build a business big enough to employ 10 people (direct). It works for any nationality, which makes it the main investment option for citizens of non-treaty countries such as China and India, though both face waits in the unreserved category. See our full EB-5 guide, source of funds and project due diligence.
When E-2 tends to fit
E-2 is often the faster and less expensive route for treaty-country citizens who want to run a business themselves, such as buying a franchise, starting a service company, or opening a U.S. branch of their own firm. The trade-off is that it is temporary, depends entirely on the business staying active and non-marginal, and has no built-in green card path. See our E-2 guide.
When L-1 tends to fit
L-1 fits an existing company abroad that wants to send a manager, executive or specialized-knowledge employee to a U.S. parent, branch, subsidiary or affiliate, including a brand-new office. It requires no investment threshold and no treaty, and L-1A managers and executives can often move to an EB-1C green card, which does not need a labor certification. It requires real corporate operations abroad and a qualifying relationship between the companies. See our L-1 guide and business immigration hub.
What the money looks like in practice
The three categories put money to work in different ways. EB-5 capital usually goes into a single offering or business and must stay at risk, with the investor hoping to recover it after the conditional residence period; on top of it come government fees, legal fees and, for regional center deals, an administrative fee. E-2 money is spent building or buying the business itself, so it is generally not recovered except through the value of the company. L-1 has no investment rule, but the company must fund U.S. salaries and operations, and a new office must show it can grow enough within a year to support a true managerial or executive role. Because these are very different financial commitments, compare total cost over five to ten years, not just the headline number.
Common combinations and sequences
- E-2 now, EB-5 later: start on E-2 for speed, then grow or add capital to file an EB-5 petition.
- L-1A then EB-1C: open a U.S. office, run it as a manager, then petition for a green card as a multinational manager.
- EB-5 with concurrent filing: someone already in the United States in lawful status may be able to file for adjustment of status at the same time as the EB-5 petition when a visa is available.
- E-2 or L-1 for one founder, other visas for staff: companies often use several categories together, including H-1B, O-1 and TN.
Decision questions
- Do you want a green card now, or is a renewable visa enough? If permanent residence is the priority, EB-5 or a L-1A-to-EB-1C plan usually leads.
- What is your citizenship? If you are not a treaty-country citizen, E-2 is not available on that nationality.
- Do you already run a business abroad? At least one year of qualifying employment with a related foreign company opens L-1.
- How much capital can you document? EB-5 requires at least $800,000 or $1,050,000 (before the 2027 adjustment) plus fees; E-2 amounts depend on the business.
- Do you want to run the business or invest passively? E-2 and L-1 require an active role; regional center EB-5 can be passive.
- How old are your children? Children's ages matter for all three, but especially for E-2 and L-1, which give children no protection after 21.
- How much risk can you accept? Every option depends on a business; EB-5 adds investment-specific and program-sunset risk.
Our options explorer can help you narrow options before you talk to a lawyer.
Risks to weigh across all three
No visa category guarantees approval, and none should be treated as a financial investment recommendation. EB-5 capital can be lost. E-2 and L-1 status ends if the business fails or the corporate relationship changes. Rules, fees and processing priorities changed several times in 2025 and 2026, and several proposals were pending as of October 2026.
What to ask an attorney
- Given my nationality, finances and business history, which options am I likely eligible for?
- Which route best protects my children's eligibility?
- Can I start with one category and move to another without status problems?
- What are the realistic costs and timelines, including government, legal and business costs?
If you would like to be connected with an immigration attorney who advertises with us, send us a lawyer request.
Frequently asked questions
Is E-2 or EB-5 better?
It depends on your goal and nationality. EB-5 leads to a green card but requires a large at-risk investment, a lawful source of funds and often a long wait. E-2 is usually faster and can require less money, but it is temporary, is limited to treaty-country citizens and has no built-in path to permanent residence. Many families weigh both with an attorney.
Can I switch from E-2 to EB-5?
Many people do. An E-2 investor can file an EB-5 petition, sometimes by expanding the same business to meet EB-5 capital and job requirements, or by investing through a regional center. Because E-2 requires intent to depart, the timing of an adjustment of status filing and any international travel should be planned carefully with a lawyer.
Can a Chinese or Indian citizen get an E-2 visa?
Not on Chinese or Indian citizenship, because neither country has an E-2 treaty with the United States. Some people hold a second citizenship from a treaty country and apply on that nationality, which consulates review closely. Chinese and Indian nationals more commonly look at EB-5 or L-1, keeping in mind EB-5 waiting lists for those born in those countries.
Which of EB-5, E-2 and L-1 leads to a green card?
Only EB-5 is itself a green card: approval gives conditional residence, and Form I-829 removes the conditions. E-2 has no built-in path and requires intent to depart, so a separate petition is needed. L-1 is temporary but allows dual intent, and L-1A managers and executives often move to an EB-1C green card without labor certification.
Which option is fastest?
E-2 and L-1 can often be approved within weeks to a few months, especially with premium processing or a quick consular appointment. EB-5 typically takes years from filing to a green card, depending on USCIS processing and visa availability for your country of birth. Speed should be balanced against long-term goals and family needs.
Official sources
- USCIS - EB-5 Immigrant Investor Program
- USCIS - E-2 Treaty Investors
- USCIS - L-1A Intracompany Transferee Executive or Manager
- U.S. Department of State - Treaty Countries
- Federal Register - EB-5 Fee Rule, 91 FR 61940 (Sept. 30, 2026)
- Federal Register - 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas (Aug. 10, 2026)
- USCIS - Fee Schedule (Form G-1055)
General information, not legal advice. Immigration rules change and every case is different; talk to a qualified immigration attorney about your situation. USVisa.com is not a government website. Spot an error? Tell us.
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