What are requirements to the investments under EB-5 and E2 visa

U.S. entrepreneur visas like EB‑5 and E‑2 provide pathways for foreign investors to live, work, and build businesses in America. Although both categories require investment, their criteria differ in scale and legal framework. This article outlines:

• Minimum investment thresholds,

• Required documentation,

• Business structures,

• Key approval standards,

• And how Accura Immigration Law Firm assists clients in meeting these stringent requirements.

The EB-5 and E2 visa programs allow foreign investors to live and work in the U.S. through strategic investments. The EB-5 requires a minimum capital investment of $800,000 in targeted employment areas, while the E2 visa mandates a “substantial” investment, typically starting from $100,000, in a real and operating U.S. business. Both visas have specific eligibility requirements, including lawful source of funds, job creation (for EB-5), and business ownership/control (for E2). Accura Immigration Law Firm expertly guides clients through documentation, business planning, and USCIS compliance, ensuring smooth and successful visa applications backed by strong legal representation and immigration knowledge.

Part I: EB‑5 Visa Investment Requirements

Purpose

The EB‑5 program grants permanent residency to foreign investors who contribute capital to a U.S. commercial enterprise and create at least 10 full‑time jobs for U.S. workers, supporting economic growth.

Minimum Investment Amounts

According to the EB‑5 Reform and Integrity Act of 2022, current eligible amounts are:

• $1,050,000 for standard investments outside TEAs

• $800,000 for investments within Targeted Employment Areas (TEAs)—rural regions or areas with high unemployment

These thresholds will be indexed to inflation with automatic adjustments every five years starting in 2027

New Commercial Enterprise (NCE)

Invest the funds into a new commercial enterprise, which may be:

• A newly established entity formed after November 29, 1990.

• Or a restructured or expanded business existing before that date (with 40% growth in net worth or employees)

Job Creation Requirement

• Direct employment: 10 full‑time jobs directly employed by the NCE.

• Regional Center: Allows indirect or induced jobs to count toward the total

Source of Funds & Capital At Risk

• Funds must be obtained lawfully—via personal savings, business proceeds, inheritance, or loans.

• Capital must be at risk, committed, and potentially lost if the business fails.

• Acceptable forms include cash, equipment, inventory, secured indebtedness, or other assets valued in market terms

Supporting Evidence

Applicants must provide:

• Bank statements, asset valuations, contracts,

• Business plans showing job creation,

• TEA documentation (if applicable),

• Corporate documents defining business structure,

• Source-of-funds tracing,

• Legal opinion letters explaining compliance.

Accura Immigration Firm’s Role in EB‑5

Accura helps investors:

• Determine eligibility for TEA or standard pricing,

• Structure New Commercial Enterprise or find reputable Regional Centers,

• Audit fund sources and assemble documentation,

• Draft forms I-526/E or I-829 with legal narratives,

• Ensure job creation compliance and conditional removal readiness.

Part II: E‑2 Visa Investment Requirements

Purpose

The E‑2 visa allows foreign nationals from treaty countries to live and work in the U.S. via substantial investment in a bona fide enterprise—focusing on active management and economic contribution, not permanent immigration.

Eligibility Criteria

• You must be a citizen of an E‑2 treaty country.

• You must invest in a real, operating, for‑profit U.S. business.

• You must intend to manage and develop that enterprise (generally through 50% ownership or managerial position).

• The business must not be marginal—it should generate more than minimal income for you and your family 

No Fixed Dollar Minimum—but “Substantial” Defined

Unlike EB‑5, E‑2 has no statutory investment floor. Instead, USCIS uses the proportionality test:

• Investment must be substantial relative to total cost.

• Sufficient to show your financial commitment.

• Of adequate magnitude to demonstrate enterprise viability.

• Lower-cost businesses require a higher percentage investment 

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Practical Investment Ranges

• Service or online startups may succeed with $80,000‑$100,000 if thoroughly documented.

• Franchise or larger businesses typically involve $100,000‑$200,000+, especially to show job creation and operational readiness

Job Creation & Non-Marginality

• No minimum number of jobs specified, but the business should show growth and hiring potential.

• Must not be set up solely to support the investor without broader economic impact.

Investment Execution Proof

• Wire transfers, contracts, leases, purchase receipts, bank statements,

• Business plan with hiring projections,

• Ownership documentation,

• Evidence of spending on operations (leases, inventory, staff payroll) 

Accura Immigration Firm’s Role in E‑2

Accura assists the investor in:

• Selecting a qualifying business model (e.g., franchise, service firm),

• Determining investment mix and capitalization strategy,

• Assembling business plans, financial projections, and evidence,

• Drafting DS‑160/DS‑156E or USCIS I‑129 petitions,

• Preparing clients for consular interviews and compliance.

Comparative Overview: EB-5 and E2

Feature	EB‑5 Visa	E‑2 Visa
Intent	Immigrant, green card path	Non-immigrant, renewable visa
Minimum Investment	$1,050,000 standard; $800,000 in TEA	No fixed amount; $100k–$200k common for real businesses
Job Creation	Mandatory 10 full-time U.S. jobs	No fixed number; business must be more than marginal
Source of Funds	Must be fully documented and lawful	Must be lawful; proportionality and commitment considered
Ownership	Not required to manage daily ops	Must own ≥50% or manage operations
Renewability	Permanent, via I‑829	Renewable indefinitely as long as business continues

How to Ensure Application Success

For EB‑5 Applicants

1. Choose TEA or Standard structure.

2. Invest capital fully and promptly.

3. Trace all funds with supporting documentation.

4. Create or select project with clear job creation.

5. Prepare strong business plan and legal narrative.

6. Retain counsel like Accura Immigration Law Firm to preempt RFEs.

For E‑2 Applicants

1. Define business costs and corresponding investment amount.

2. Demonstrate proportionality and active capital commitment.

3. Provide leases, contracts, invoices to show enterprise is operating.

4. Illustrate hiring plans even if minimal at start.

5. Prepare for interview by practicing with legal representation.

6. Use Accura Law’s experience in crafting persuasive packages and coaching for interviews.

Challenges and Risks

• EB‑5: Changing investment thresholds, TEA redefinitions, delayed approvals, job creation audits.

• E‑2: Potential denial if investment is too low, business is passive, ownership is unclear, or utility is marginal.

Legal and economic complexities are why experienced guidance is critical.

Conclusion

Understanding and meeting investment requirements under both EB‑5 and E‑2 visas demands legal nuance, financial strategy, and strong documentation. EB‑5 offers permanent residency but requires significant capital ($800K–$1.05M) and proof of job creation. E‑2 offers flexibility with no set dollar requirement, but demands proportional, active, and non‑marginal investment.

Accura Immigration Law Firm specializes in advising investors on both categories—helping select, document, and execute strategies that satisfy USCIS standards and increase likelihood of approval.