The Law Offices of Kameli & Associates P.C.

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EB-5 vs. E-2

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Visa

EB-5

E-2

Intention

Immigrant

Non-Immigrant

Experience

None required

Should have experience in operating a business to be successful

Process Time

12 – 18 months

Depends on how quickly they can find the business and prepare documents

Qualified Nations

All Nations

Nationality & Treaty based.Country list can be found on Department of State website under “Reciprocity by Country”

Amount of Investment
  • $500,000 if in TEA
  • Or $1,000,000 anywhere
  • Must be “at risk” investment

Substantial investment based on a sliding scale and depending on the value of the business.

Investment Territory

Territory which is approved through USCIS

Any part of US

.Residence in U.S Can live in any region of U.S.

Live near the Business Location

Business Operations

Regional Center may manage and operate the businesses under the program, but active participation in new commercial enterprise

Directly operate the business

Employment Regional Center may manage the employment process and documentation, but active participation in new commercial enterprise.

Responsible for own employment hiring and documentation

 Special Requirements

Job Creation: 10, full-time jobs must be created but can be indirect or induced if investment is through a Regional Center

Profitability requirement. Plan to make more than a livelihood, should make significant economic contribution within 5 years

Duration of Stay and Visa Process
  • Locate and qualify Regional Center
  • Apply for I-526 and get approval
  • Apply for Visa through US Consulate
  • Get EB-5 visa, arrive into the US within 6 months to obtain conditional Green Card
  • Apply for Permanent Green Card before 2 years (I-829)

 

Non-immigrant visa but unlimited extensions, dependent on business status and must submit necessary documents to extend visa before each expiration (generally every 2 or 5 years)