Visa Ineligibility

This comparative chart provides an overview of three main types of investor visas, the E-2 visa, the L-1 visa (“start up L”) and the EB-5 (Job Creation visa)

The chart highlights broad differences between requirements and benefits of investor visa categories. Other conditions may apply. 







E-2 Visa Treaty Investor

Substantial investment: Sliding scale depending on the what is needed to get the business going. The lower the value, the higher the percentage that must be invested.

Nationality & Treaty Based. Country information can be found on the Department of State website under “Treaty Countries.” (Not Brazil, China, Greece, India or Russia, among others.)

Temporary visa, but long duration of stay, dependent on business status and reciprocity of treaty country

Active investor. The investor develops and directs the business by controlling it through 50% or more share of ownership, by managing operations, or by other corporate role

Profitability requirement. Plan to make more than a livelihood, or have the capacity to make a significant economic contribution within five years.

L-1 Visa Manager

Intra-company Transferee

(Path to EB-1 Multinational Manager Immigration Visa)

No new investment, but business must be able to support the wages of the L-1 manager & the business. Adequate premises leased, if establishing a new office.

Employed abroad by company related to the US company for one year in the last three in a managerial role or a role requiring specialized knowledge

Temporary visa, up to seven years in US. Path to legal permanent residence through Multinational Manager Immigrant Visa (EB-1).

Management role overseeing the organization or a department, or important function of the organization.

Entity must continue to operate as a going concern.

EB-5 Visa

(A Green Card)

Job Creation

$800,000 if in a targeted high unemployment rate or rural area; $1,050,000 elsewhere. At risk investment. *As of 15 March 2022.

Legitimacy of the investor’s source of funds must be proven with tax returns, inheritance documents, or other means.

Conditional permanent residence for two years. Legal permanent residence once conditions are cleared.

Passive Investor need only be engaged in policy-making decisions for the company, not daily management.

Job Creation: ten permanent, full time jobs must be created. Job creation may be indirect, if investment is in a Regional Centre.