The short answer
- E-2: the investment must be substantial, placed at risk in the commercial sense with the objective of generating a profit, and subject to partial or total loss if the venture fails.
- USCIS explains that the lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
- The E-2 enterprise must be real, active and not marginal, meaning it has the present or future capacity to generate more than a minimal living for the investor and family.
- E-2 does not set a fixed number of jobs. EB-5 requires a plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
- USCIS states the EB-5 standard minimum investment as $1.8 million, or $900,000 in a targeted employment area.
Table of contents
Investor visas are built on a simple idea: the money must be real, at risk and working in a real business. In practice, that idea is tested by details that founders often miss: how much is enough, what counts as at risk, how a small enterprise is judged and how jobs figure in.
This guide explains the investment and job rules of the E-2 and the EB-5 as USCIS describes them. It is general information, not immigration advice: an immigration attorney should review any real case.
E-2: the investment rules
According to USCIS, the investor must be a national of a treaty country, have invested or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, and enter solely to develop and direct it, shown by at least 50% ownership or operational control.
What “investment” means
USCIS defines the investment as the placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The investor must also show that the funds have not been obtained, directly or indirectly, from criminal activity.
Money sitting in a bank account, or a deposit that can be recovered at will, is not at risk in that sense. Ask your attorney how your plan meets the definition.
What “substantial” means
USCIS explains that a substantial amount of capital is substantial in relation to the total cost of either purchasing an established enterprise or creating a new one, and sufficient to ensure the investor’s commitment to the successful operation of the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be. USCIS sets no fixed minimum amount for the E-2.
A real, active and not marginal enterprise
A bona fide enterprise is a real, active, operating commercial undertaking that produces goods or services for profit and meets the legal requirements for doing business. It may not be marginal, meaning it must have the present or future capacity to generate more than enough income to provide a minimal living for the investor and family.
Jobs under the E-2
The E-2 rules set no fixed number of jobs. The marginality test, however, looks at whether the enterprise can generate more than a minimal living for the investor and family, and a business that employs people shows real operations. If you hire, see our guide to payroll compliance.
Stay and family
USCIS states that qualified treaty investors are allowed a maximum initial stay of two years, with extensions in increments of up to two years and no limit on the number of extensions. E-2 nonimmigrants must maintain an intention to depart when their status expires or is terminated. Spouses and unmarried children under 21 may accompany or follow the investor.
EB-5: the investment and job rules
EB-5 leads to permanent residence. USCIS describes the requirements as making the necessary investment in a commercial enterprise in the United States and planning to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
USCIS states that the standard minimum investment is $1.8 million, and the minimum investment in a targeted employment area is $900,000. Future adjustments are tied to inflation and occur every five years. Check the USCIS page for the current amounts and the current rules on targeted employment areas.
E-2 and EB-5 side by side
| E-2 | EB-5 | |
|---|---|---|
| Result | Temporary status, renewable | Permanent residence |
| Nationality | Treaty country | Not limited by treaty |
| Amount | Substantial in proportion to the cost of the enterprise, no fixed minimum | $1.8 million, or $900,000 in a targeted employment area |
| Jobs | No fixed number | 10 permanent full-time jobs for qualified U.S. workers |
| Control | At least 50% ownership or operational control | Set by the EB-5 rules |
| Investor’s role | Develop and direct the enterprise | Set by the EB-5 rules |
How to document a real investment
Officers look for evidence that capital is committed and working:
- Bank transfers into the company and out to suppliers, landlords and payroll.
- Contracts, leases and invoices in the company’s name.
- Purchases of equipment and inventory.
- Records that show where the funds came from.
- A business plan that fits the activity and the size of the enterprise.
- Clean books: see our guide to bookkeeping.
Keep every payment traceable, and keep company and personal money apart.
Common mistakes
- Forming a company and moving very little money into it.
- Keeping the funds in a form that is not at risk.
- Choosing an enterprise too small to support the investor’s family.
- Not documenting where the money came from.
- Letting the company fall out of compliance: see the annual compliance guide.
For the wider map of categories, see U.S. visas for entrepreneurs and ownership and visas.
What MyUSAService offers
MyUSAService forms and maintains U.S. companies for owners abroad. We do not provide immigration legal services and cannot assess whether your investment meets any visa standard: work with an immigration attorney for that. Prices of our services are dated September 2026.
Frequently asked questions
How much do I need to invest for an E-2 visa?
USCIS sets no fixed minimum. The investment must be substantial in proportion to the total cost of the enterprise, and the lower the cost, the higher the proportion must be.
What does “at risk” mean for the E-2?
The capital must be placed at risk in the commercial sense with the objective of generating a profit, and be subject to partial or total loss if the investment fails.
Does the E-2 require me to create jobs?
It sets no fixed number. The enterprise must not be marginal.
How much is the EB-5 investment?
USCIS states $1.8 million as the standard minimum and $900,000 in a targeted employment area, with 10 permanent full-time jobs for qualified U.S. workers.
Can my family come with me?
Spouses and unmarried children under 21 may accompany or follow an E-2 investor.
Considering an E-2 or EB-5 investor visa?
Talk for 30 minutes, free of charge, with a MyUSAService consultant.
- No obligation
- Consultation in English
- 30 minutes
- We outline what the process involves
Sources
First published November 20, 2025. This article is general information, not tax advice for your situation. MyUSAService packages and prices | Book a free call
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