EB-5 is not the optimal solution for every foreign national who wishes to invest in the US. For some clients, the E-2 Treaty Investor Visa is a better solution. This visa, while not leading to a green card, enables the foreign investor to remain in the US as long as the business in which the investment is made continues. This is a good solution for investors who are not able to invest sufficient funds to meet the EB-5 requirement, whose investment will not create sufficient jobs to meet the EB-5 requirement, who need to get into the US quickly and cannot wait for the green card process or who are not interested in obtaining a green card (possibly for tax reasons).
The E-2 visa is only available for nationals of countries that have bilateral investment treaties or treaties of friendship, commerce and navigation with the US. A list of those countries can be found at www.travel.state.gov. The amount of the required investment varies depending upon the type of business (e.g., a consulting firm may require a relatively small investment - - sometimes under $100,000 - - whereas a manufacturing company will require a much larger investment). The investor will need to prove that he/she has other available funds in addition to the funds invested in the US business and/or that the business will be employing one or more US workers. The investor can - - but is not required to - - work in the business.
Our office has a vast amount of experience working with individual and corporate E-2 investors. In fact, the most famous E-2 case, Matters Of Walsh And Pollard, which is the only case mentioned by name in the U.S. Department of State’s Foreign Affairs Manual, is a case handled by Ron Klasko. Our experience ranges from individuals investing less than $100,000 in start-up businesses to companies investing millions of dollars in U.S. operations.
