Investor Visa, How to Obtain U.S. Permanent Residency Through Investments

Investor Visa

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Last updated: November 9, 2025.

If you’re an international entrepreneur or businessperson who is interested in making a significant investment into the United States economy, you could be eligible for an investor visa.

In this article, we’ll explore what U.S. investor visas are, the various types, their requirements, and the application processes.

What is a U.S. Investor Visa?

A U.S. investor visa is a type of visa designed for individuals who wish to live and work in the United States based on their investment in a U.S. business.

The primary goal of the investor visas is to encourage foreign investment that creates jobs and stimulates the U.S. economy.

Whether you’re a high-net-worth individual looking to expand your international enterprise or a small business owner looking to make a move into the U.S. market, the U.S. provides multiple pathways for investment-based immigration, offering both permanent and temporary residency opportunities through a couple of different investor visa categories

U.S. Investor Visa Types

There are two different categories of investor visas, each with its own set of requirements and benefits:

E-2 Treaty Investor Visa

The E-2 visa is a nonimmigrant classification which allows individuals who reside in a treaty country of the U.S. (a country that has a treaty of commerce and navigation, qualifying international agreement, or has been deemed a qualifying country by legislation) to enter the country on the grounds that they will make a substantial capital investment into a business based in the U.S.

Employees of individuals who fit the description above may also be eligible for this visa classification.

Since this is nonimmigrant status, E-2 visa holders are only allowed to stay for a temporary period of up to two years initially.

However, many individuals in this category ultimately apply for extensions of stay, changes of status to a different nonimmigrant category, or adjust status to permanent resident (obtain a Green Card) to increase the amount of time they are allowed to be in the U.S.

There is no limit to the number of extensions that an E-2 visa holder may be granted, however, the holder must intend to depart the U.S. after their visa expires. 

The E-2 visa is a dual intent visa which means the applicant can have both nonimmigrant and immigrant intent.

The nonimmigrant intent to depart the U.S. turns into immigrant intent to stay in the U.S. when the individual begins the process of applying for a Green Card.

In an effort to keep the family unified, U.S. immigration law allows E-2 visa holders to apply to bring their family members with them into the U.S.

Qualifying family members include spouses and unmarried children who are under the age of 21. 

EB-5 Immigrant Investor Visa

The EB-5 Immigrant Investor Program, named for its placement as the fifth preference employment-based preference visa, was designed specifically with high net-worth entrepreneurs in mind.

Individuals who make a significant investment in a U.S. business are granted lawful permanent resident status which comes with additional benefits such as the ability to apply for eventual U.S. citizenship and Green Card eligibility for your spouses and unmarried children under 21.

Unlike other employment-based categories wherein an employer petitions on behalf of a prospective immigrant, the EB-5 category requires a “self-petition”, meaning the immigrant investor submits an application to United States Citizenship and Immigration Services (USCIS) without a sponsor.

Additionally, the investment must meet specific requirements for the investor to be eligible. 

U.S. Investor Visa Requirements

The requirements for obtaining a U.S. investor visa vary depending on the type of visa. 

E-2 Requirements

USCIS specifies that to qualify for E-2 classification, the treaty investor must:

  • Be a national of a country that maintains a treaty of commerce and navigation with the United States;
  • Have invested, or be actively in the process of investing a substantial amount of capital in a bona fide (real, active, and operating) enterprise in the United States; and
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The substantial capital investment must be “at risk” meaning that the investor who is putting their money into the U.S. business is aware that they could potentially be at risk of losing the money if the investment fails. The company receiving the investment must be more than marginal (profitable). Additionally, a substantial amount of capital can be defined as:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

EB-5 Requirements

Since the EB-5 Program grants lawful permanent resident status, applicants must meet a strict set of eligibility requirements. This includes:

  • Making the minimum investment of capital;
  • Investing capital into a commercial enterprise based in the U.S.;
  • Investing in a “new” commercial enterprise; and
  • Using invested capital to create at least 10 new full-time jobs.

U.S. Investor Visa Amount

The amount required for an investment visa depends on the visa type.

  • EB-5 Immigrant Investor Visa: The minimum investment amount is generally $1,050,000 for most U.S. locations and $800,000 if the business is in a “targeted employment area” (TEA). A TEA is a rural region or one in which there is a high unemployment rate.
  • E-2 Treaty Investor Visa: The E-2 visa does not specify an exact minimum investment amount, but it does require that the investment be substantial relative to the type of business. The proportionality test measures that the lower the cost of the business, the higher a percentage of investment is required. For example, a $100,000 investment into a company that costs $100,000 would qualify but so would a $10 million investment into a $100 million company based on the size of the investment.

How to Apply for a U.S. Investor Visa

The process for applying for an investor visa will depend on the type of visa you’re pursuing, but the general steps are as follows:

Step 1. Determine Your Eligibility

Before you begin the application process, ensure that you meet the investment amount and other requirements specific to the investor visa you’re applying for.

Step 2. Choose the Right Visa Category

Decide whether you are applying for an EB-5 or E-2 visa, as the application process and requirements will differ.

Step 3. Prepare Your Business Investment

If you’re applying for an EB-5 visa, your investment must be in a new commercial enterprise. For the E-2 visa, your investment should be substantial in relation to the business you plan to develop.

Step 4. Complete the Application

The two categories have different requirements:

For EB-5: If you meet the requirements, then you may begin the application process through consular processing or adjusting status. The forms you file will depend on whether you are located inside or outside of the U.S. Be sure to check out our EB-5 guide for more details on the application process. The process could include filing forms like:

    1. Form I-526 or Form I-526E
    2. DS-260
    3. Form I-485
    4. Form I-829

For E-2: If you meet the eligibility requirements, you may apply for an E-2 visa. The E-2 application process is carried out through consular processing if the applicant is outside the U.S. or through change of status if the applicant is inside the U.S. currently with another lawful status. Consular processing occurs at a local U.S. consulate or embassy. All applicants must complete and submit the entire list of required documents specified on our E-2 guide with their application.

Step 5. Attend an Interview

You may be required to attend an interview at the U.S. consulate or embassy where you submitted your application. Be prepared to answer questions about your business, investment, and plans.

Step 6. Wait for Approval

Once your application is reviewed, you will be notified of the decision. If approved, you will receive your investor visa, allowing you to enter the U.S.

U.S. Investor Visa for Canadians

Canadian nationals are eligible to apply for both the E-2 Treaty Investor Visa and the EB-5 Immigrant Investor Visa.

Canada is a treaty country to the U.S. which makes the E-2 visa particularly appealing to Canadian investors who want to open or manage a business in the U.S.

For the EB-5 program, Canadians can apply just like investors from any other country.

With the right investment, they can apply for permanent residency for themselves and their families.

U.S. Investor Visa for Australians

Australians, like Canadians, have access to both the E-2 and EB-5 visa categories.

Australia has a treaty with the U.S., which makes the E-2 visa a popular choice for Australian investors seeking to establish or manage a U.S. business. 

Australians can also apply for a special work visa category, the E-3 visa for Australians in Specialty Occupations.

While this isn’t an investor visa, this classification was specifically designed for Australians to enter the U.S. and work in specialty fields like architecture, finance, computer programming, education, engineering, science, medicine, health, and research.

U.S. Investor Visa Processing Time

The processing time for a U.S. investor visa varies by category:

  • EB-5 Visa Processing Time: EB-5 visas have an extended processing time, taking anywhere between 5 to 10 years to complete.
  • E-2 Visa Processing Time: The processing time for an E-2 visa is usually quicker than for the EB-5, typically ranging from about 2 to 4 months

For the most current and accurate estimates on processing times, please use USCIS’s Processing Times tool to see how quickly forms are being processed at specific field offices and service centers.

U.S. Investor Visa FAQs

Who is eligible for an investor visa in the USA?

To be eligible for a U.S. investor visa, you must meet either the requirements of the E-2 visa or EB-5 visa. This includes making a significant capital investment in a U.S. business.

How much should I invest in the USA to get permanent residency?

To obtain permanent residency through an investment, you must meet the requirements of the EB-5 visa, which requires an investment of at least $1,050,000 million, or $800,000 if the investment is made in a targeted employment area (TEA).

Is an investment of $500,000 sufficient for an EB-5 immigrant visa?

No, you must at minimum make an $800,000 investment (in TEA) to be eligible.

How much is a U.S. investment visa?

The cost of a U.S. investment visa varies. For an EB-5 visa, the investment amount is either $1,050,000 million or $800,000, depending on the location of the investment. For the E-2 visa, the investment does not have a fixed minimum but should be substantial when comparing it to the profit margins of the business. Additional costs for filing fees, legal fees, and administrative expenses will also apply. 

Are there any Risks of investing in USA

Investing and running any business has it’s own risks since you can loose your investment but in USA you have to take extra precautions to work according to the goverments strict rugulations which helps to stop exploitation of customers and employee. if you don’t adhere to those srtict rugulations it could lead to class action lawsuit without a proof of purchase, since if something makes a number of people suffer financially or goes against there rights they can sue you

Need Help?

If you or someone you know requires personalized assistance with applying for an investor visa, don’t hesitate to book a free consultation to see how our knowledgeable and experienced attorney can lead you towards the path to a prosperous life in the U.S.

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