People from all around the world prefer to come to the U.S as an investor to expand their careers. Since the U.S. is a major global force and one of the centers of start-up innovation, entrepreneurs see the U.S. as the financial potential to initiate and grow their business endeavors. The U.S. administration acknowledges the investment attraction of the country. 

The government aspires to facilitate the flow of bright and conscientious individuals to the U.S. by transferring investment capital and innovative individuals. In addition, America targets the speedy growth and diversification of its economy. To that end, the U.S. provides entrepreneurs with various visas to legally come and work in the U.S. 

Here in this writing, we will explore the E-2 Treaty Investor and EB-5 Green Card. There are the two most preferred investor visas that the U.S. issues for individuals with grand financial aspirations. Rather than defining each visa separately, we will discover their key differences and give you a framework that you could use to decide the best option for your business. 

**There are six significant differences between E-2 Treaty Investor Visa and EB-5 Green Card:** 

- While E-2 Visa is a nonimmigrant visa, EB-5 Visa is an immigrant visa. Eventually, EB-5 Visa provides permanent residency to its holders. 
- As E-2 Visa is a treat trader visa, it requires the applicant to have nationalities from one of the treaty countries. But EB-5 Visa does not have such a requirement. 
- The minimum investment amount is $1,050,000 for standard investments or $800,000 for investment in a commercial enterprise in a targeted employment area for EB-5 Green Card Visa applications. E-2 Visa applicants are not asked for a specific amount of minimum investment. Yet, it should be a substantial amount of capital. 
- EB-5 Green Card Visa holders should provide employment for at least 10 people to be able to obtain permanent residence. E-2 Visa application does not require generating employment for other people. However, the applicant should prove that their work in the U.S. will make enough income to generate employment other than themselves and their family alone. 
- E-2 Visa holders are limited to working in only the job field of E-2 Visa. On the other hand, EB-5 Green Card Visa holders can work in any field of work or for any company they like. 
- Finally, the application processing time is faster for the E-2, with some applications being processed in as little as 15 days. Meanwhile, the EB-5 visa takes up to two years to be approved. 

 ![](/uploads/e2_vs_e5_green_card_838c922ce2.webp) 

### Eligibility for Application:
 

E-2 Treaty Investor visa, as the name suggests, is only available for investors who are nationals of countries that have economic treaty agreements with the U.S. This is because the E-2 visa was designed to further the financial corporation of the U.S. and treaty countries via investor individuals. However, an EB-5 Green Card visa does not mandate such a requirement for eligibility. EB-5 Green Card visa is open to all, encouraging foreign investors to come to the U.S. For this reason, EB-5 could be considered a more inclusive visa option. 
 
To find out if you are eligible to apply for E-2 Visa, visit the website [economic treaty agreements](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html). 
 
### The Minimum Investment Amount: 

As the investment amount is the primary source of entrepreneurs, the amount could be the essential difference between E-2 and EB-5 requirements. Possibly to many investors’ benefits, there is no fixed investment amount for E-2 eligibility. Instead, the calculation of the amount depends on various factors such as the investment sector, state, and the scope of your business. 

Unlike the E-2 visa, the EB-5 Green Card dictates predetermined amounts for eligibility depending on the location of the investment. For example, if the investment is going to be made in an area with low employment, the minimum amount is $800K. These areas are called Targeted Employment Areas (TEA). The government encourages the people to invest and build businesses in these areas to increase the employment rate. For example, The City of Los Angeles is one of the TEA. The city requests the applicant to submit the number of employment in their application document. On the other hand, if the investment is in a location with a low unemployment rate compared to the national average, the minimum amount required is $1.050,000 million. 

To learn more about the E-2 Visa investment amount, read the article on [our website](https://www.grapelaw.com/library/content/what-is-the-minimum-amount-for-e-2-investor-visa). 

### Employment Creation in the U.S.: 

This is another crucial requirement difference you should consider with care and attention. The EB-5 is a government green card program that aims at the “stimulation of the U.S. economy through job creation and capital investment by foreign investors. Therefore, EB-5 green card holders must produce at least ten full-time employment for qualifying employees. Qualifying employees can be U.S. citizens, permanent residents, lawfully residing non-immigrants, etc. Even though the E-2 visa also targets the growth of the U.S. economy via foreign investors, there is no employment creation requirement for eligibility. This difference might make the E-2 visa more convenient for entrepreneurs who start their financial careers in investment, as there is no pressure to create public benefits. 

### The Validity Duration: 

This might be the most significant advantage of the EB-5 Green Card compared to the E-2 visa. As EB-5 is a green card visa, it allows for permanent living and working in the U.S. Once you are an EB-5 green card holder, you also become eligible for U.S. citizenship after five years. On the other hand, an E-2 visa is a non-immigrant worker visa and only allows for a maximum of 5 years of living and working in the U.S. Even though E-2 visa extensions are limitless, being on an E-2 status nevertheless means more paperwork and fewer government benefits. This is an essential difference you should consider if you plan to establish your life in the U.S. long-term. 
 
While you apply for both E-2 and EB-5 Visas, you can also apply for your dependent family members. This means your spouse and children also come with you to the U.S. The spouses and children (under the age of 21) can work and study in the U.S. after they obtain the necessary documents. 

Both E-2 Visa, and E.B.- 5 Green Card have their advantages and disadvantages. The correct visa option for you entirely depends on your plan, which entails financial goals, family life, country of origin, and many more. In that regard, it is critical to wisely articulate both visas and make an educated decision as to which path you wish to take. 
 
**LET’S GET YOU AND YOUR BUSINESS TO THE U.S.**
 
If you are seeking cutting-edge legal consultations, guidance, and companionship throughout the application process of your visa choice, please don’t hesitate to contact the experienced lawyers of Grape Law by sending your questions and/or inquiries to info@grapelaw.com or scheduling a face-to-face case meeting via our website.

While E2 and EB5 Visas are known as investment visas, there are some differences. While E-2 Visa is a nonimmigrant visa, the EB-5 Green Card Visa is an immigrant visa.  

The difference Between E2 and EB5 Green Card

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E-2 and EB-5 - Key Differences

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. In this piece, you will find what those requirements are and how you can apply for an E-2 visa. However, we will specifically focus on the question of the minimum amount of investment for an E-2 visa.  
 
In order to be eligible, the applicant must have citizenship from one of the treaty countries. If the applicant is part of a corporate entity, at least half of the business must be owned by individuals of the treaty country's nationality. The application is expected to have a substantial amount of investment. However, the substantial amount in question has not been defined by the law.  

#### "The Substantial Amount" for E-2 Visa 

The minimum amount you need to apply for the E-2 Visa depends on the type of business you are planning to run. Even the state you are planning to locate your business is essential to calculate the minimum amount of investment you need. For example, a lawyer working from home in Nashville would have a completely different start-up cost and capital requirement than an entrepreneur who wants to open a Turkish restaurant in New Jersey. If there is an established business plan similar to your trajectory, you could utilize it to apply your start-up. It would ease your work to evaluate the amount of capital you need for your investment initially.  
 
#### How to Decide on Minumum Amount of Investment 

E-2 Investor Visa is intended to create jobs for US workers. The applicant must develop and run a business. In order to do this, your substantial amount of investment must be enough to conduct a successful business. As we explained, although the specific amount of this capital is not cleared, the applicant has to be carefully crafted her/his investment based on the business plan she/he has. The applicant should be able to cover the salary of employees, rent of the workplace, payment of the necessary equipment, the livelihood of dependants, etc. While applying for the visa, the investor should consider all these expenditures to obtain the right amount of capital for his/her investment. 
 
For more of your questions, you can visit our previous piece on the [E-2 Visa application process](https://www.grapelaw.com/practice-areas/immigration-law/investor-and-start-up-visas/e-2-visa/).

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. 

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What is the Minimum Amount for E-2 Investor Visa? 

On June 22, 2021, Grape Law Firm received approval for a renowned marketing expert from Turkey within two weeks, thanks to **premium processing**.

Ms. Oztabak is an expert in implementing media/digital marketing strategies and creating products with new technologies. She has led digital marketing teams of prominent companies, including AXA Insurance and DenizBank. While increasing their brand awareness, Ms. Oztabak also helped them win internationally prestigious awards in the marketing field. 

Ms. Oztabak is also the CEO and Co-founder of the award-winning app  **Deliveri**, which is used to compare the grocery prices from various online shopping platforms for the best deals.  **O-1A visa** is for individuals who have an employment offer in the U.S. and extraordinary ability in the sciences, arts, education, business, or athletics. The individual must provide sufficient documentation to prove that he/she is one of the small percentages who has arisen to the very top of the field. To demonstrate that he/she has sustained national or international acclaim in the field of their expertise, the individual either proves that he/she is a recipient of an internationally major award such as a Nobel prize or Olympic medal or the individual shows that he/she meets at least three of six regulatory criteria to establish his/her extraordinary ability.  

**At Grape Law**, our team of Attorneys and Case Specialists offer comprehensive and proactive legal services for various business immigration applications such as O-1, H-1B, E-2, E-1, and L-1 visa applications. 
We are happy to be a part of Ms. Oztabak’s success story in the U.S., and we wish her more to come! We believe in the strength of your dreams and in the professionalism of our service. We care, we work, and we get better, together!

On June 22, 2021, Grape Law Firm received approval for a renowned marketing expert from Turkey within two weeks, thanks to premium processing.


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O-1 Visa Approval for Marketing Expert Cigdem Oztabak

PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. **This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers' ineligibility for new employment opportunities.** 

##### Application Process:

PERM application process can be a long and confusing one. There are various steps that need close attention and consistent watch. Hence, we hereby prepared a step-by-step guide for PERM application that will make the process clearer for hiring employers. 

##### Employer's Job Definitions:

The initial step. Employers must clearly define the job opportunity and list the minimum requirements needed. Employers must also present the road map of recruitment and address any possible issues.

##### Prevailing Wage Determination (PWD) from the Department of Labor (DOL): 

After the initial step is complete, employers may begin with the request of PWD from the DOL. PWD is a standard procedure for determining a minimum wage level for a certain job position in a given state and local jurisdiction. PWD is another precaution of the DOL to ensure that the employment of a non-citizen will not be unfair to U.S. citizens who hold the same or similar job positions. The average wait time needed for PWD to be determined is 6 months.

##### Recruitment:

Recruitment is the process by which the employer conducts market research and promotes the job offer. Recruitment is another precaution for preventing unfair treatment of U.S. citizen employees. Labor Certification (LC) must be approved by the DOL within 180 days after the start of the recruitment process. Employers must also spare 30 days before applying for the LC in which they do not conduct any recruitment campaign except three “additional” recruitment options. These additional recruitments can be chosen out of ten recruitments listed by the DOL. 

Ten recruitments are as follows: 

- Job fairs 
- Employer’s website 
- Job search websites other than the employer’s 
- On-campus recruiting 
- Trade or professional organizations/publications 
- Private employment firms 
- Employee referral programs with incentives 
- Campus placement offices 
- Local and ethnic newspapers 
- Radio and television advertisements 
 
##### Filing Labor Certification with the DOL’s ETA: 


After the recruitment process is over, employers must apply for Labor Certification by filing the ETA Form 9089, Application for Permanent Employment Certification, with the DOL. You can reach the form via the Foreign Labor Certification website. 

##### The DOL makes a decision on LC:

The DOL is deciding on LCs take varying times. LCs processing times are available at Foreign Labor Application Gateway (FLAG) website. The decision can be in favor of and against the application. The DOL can choose to audit the application as well. 

##### Possible DOL Audit or Denial:
 
In case of potential DOL audit or denial, employers are given extra 30 days to respond to the DOL’s office action. Employers reserve the right to file an appeal of the decision. However, the DOL processes employer appeals in several years which elongate and further complicates the application. Hence, we would not advise you to appeal but restart your application from scratch instead. 

With the implementation of the PERM program starting in 2005, the employer is designated as the supervisor of all the labor certification steps except the prevailing wage determination. This undoubtedly enabled faster processing and decision-making of LCs. On the other hand, as the leading figure in LC applications, employers can be overwhelmed and frustrated with the unexpected turns, up and downs, unfortunate delays, and further inspections that they might encounter throughout the application process. 

**In that regard, we strongly recommend that employers should consider the help of legal professionals by seeking insightful counsel or teaming up with experienced attorneys to manage the application process. Here at Grape Law PLLC, we believe that our professionalism, as well as result-driven approach, will ease the burden on employers by mitigating potential legal issues and resolving them in employers' best interest**.

PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers ineligibility for new employment opportunities.  

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What is PERM Application? How to Apply?

Employment in the U.S. is a very fundamental subject in immigration law. Each year, many people from all around the world apply for visas to work in the U.S. And U.S. has various visa options with differing conditions and requirements for potential employees. Here in this writing, we will cover the H-1B visa as it is one of the most common non-immigrant work visas today. 

#### What is H1-B Visa?

H-1B visa, or Person in Specialty Occupation visa, is a nonimmigrant visa for professionals who seek specialty jobs in the US. H1-B visa requires visa applicants that have a higher education degree or its equivalent. This entails bachelor’s or higher degrees such as MA’s or Ph.D. You can apply for H1-B visa coming from numerable professional work fields including but not limited to IT, architecture, law, finance, and medicine. 

#### H1-B Visa Eligibility:


H1-B visas are issued to non-U.S. citizen applicants if and only there are no citizen candidates for the job position you apply for. Therefore, your employer must prove that your employment cannot be compensated by a U.S. citizen. Moreover, applicants have to have a valid employer and a job offer. Your employer will also act as your sponsor for your H1-B visa application. Lastly, as the H1-B visa is a specialty visa, you are required to present proof of your bachelor’s or its equivalent degree. 

#### H1-B Visa Cap:

H1-B visa is unfortunately subjected to a quota. The current number per fiscal year is 65.000. However, if you are a master’s or higher degree graduate of a U.S. institution, there is an extra 20.000 quota for you. And if your sponsor is a higher education institution, a nonprofit organization working under a higher education institution, or a government research initiative, you should not worry about the limited quota at all! 

If you were previously issued an H1-B visa and did not exceed the six-year limit on it, you are exempt from the quota when reapplying for H1-B visa extension. This is also valid for applicants who left the U.S. and currently work outside but still within the six years of H1-B visa validity. And if you like to change your employer while you are in the initial 3 years duration of your H1-B visa, you can do so without being subjected to a visa cap! 

#### H1-B Application Process:

To start with your application, you first need to register with the H1-B lottery. H1-B lottery registration process usually starts at the beginning of March and continues until the third week of the month. To participate in the H1-B lottery, you need to create an applicant account on myUSCIS website. The lottery results are generally declared in a week. If you are selected from the lottery, the application proceeds with your employer’s submission of the Labor Condition Application (LCA) to the Department of Labor (DOL). This is a precautionary step mandated by DOL to make sure that your employer will pay you and the other equally qualified workers the same wage. If LCA is approved by DOL, your employer will file the Form I-129 petition along with LCA to U.S. Citizenship and Immigration Services (USCIS). 

Once your I-129 form is approved, you can start your online application. The online application requires you to fill in the Form DS-160. Following this, you need to schedule an interview with a U.S. embassy or consulate in your area. And there are several documents you must make ready before 

- **Your Passport**
- **A printout of your DS-160’s confirmation page**
- **Application fee payment receipt**
- **A photo of yourself**
 
 This is required if you have failed to upload your photo during the online application.

- **Receipt number**


This can be found either on your **Petition for a Nonimmigrant Worker (Form I-129)** or on **Notice of Action (Form I-797)**. Both forms will be available on your application portal on USCIS’s website. 

#### H1-B Visa Duration and Extension:

H1-B visa duration varies from applicant to applicant. However, you can be issued a visa valid for up to three years. And your period of stay may be extended to a maximum of three years. But there are some exceptions to this rule. For further information please see this page. 

H1-B visa is a perfect option for people who have specialty jobs outside and want to transfer their abilities to the U.S. But you should not be discouraged if you believe that you are the right candidate for H1-B visa and continue working towards your end goal! 

**We provide exceptional service for clients wishing to obtain their H1-B visa with our unique understanding of both you and the job sector you aspire to work in the U.S. For any inquires relating to application preparation, application process, and visa issuance, please do not hesitate to contact us!**

Each year, many people from all around the world apply for visas to work in the U.S. And U.S. has various visa options with differing conditions and requirements for potential employees. In this writing, we will cover the H-1B visa as it is one of the most common non-immigrant work visas today.  

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H-1B Nonimmigrant Worker Visa for Professionals

In this introductory writing, you will read about E-2 visas, listed under Treaty Trader & Investor Visas. Designed for the development and cooperation between the U.S. and various other countries’ commerce and navigation investments and initiatives, E-2 visas provide business gurus and visionaries with the necessary legal non-immigrant status to achieve their financial and career goals. 

##### What Exactly Is E-2 Visa?
 
Simply put, E-2 visa relates to the latter part of Treaty Trader & Investor Visas. It is offered to investing companies, partnerships and individuals who are either owners, directors and extraordinarily skilled workers. It requires both you, your partner(s) (if there is any), and your company (if you are an employee of one) to be promising enough to contribute to the US economy and strengthen the financial cooperation between both parties. Even though the selection process is meticulously regulated and may be tedious for applicants at times, overwhelming majority of applications get accepted! 

##### What About the Requirements for Application?
 
- First and foremost, whether you are a corporate entity, partnership, or individual, you have to be a national of one of the treaty countries. (Dual nationalities accepted). To find out whether your country is on the treaty list or not, please follow this link. 
- If you do not hold nationality from one of the treaty countries, you can still apply for an E-2 visa via the citizenship-through-investment program which requires you to invest as little as 200.000 $. 
- If the applicant is a corporate entity, at least half of the business must be owned by individuals of the treaty country’s nationality. 
- The capital spared for investment must be substantial to ensure the sustainability of the business. Therefore, any investment funds and assets must be fully committed and irrevocable. 
- The investment at hand has to be active, operating one. A concept entity and abstract paper enterprise would not be viable for consideration. Funds that are risk-free and regulated by security measures of a certain bank are not considered investments. 
- our investment is required to produce significantly more income than the one which would solely afford you and your family’s living, or it must greatly benefit the US economy. 
- You are expected to have full control over your investment funds. Loans cannot be secured with assets of your investment enterprise. 
- Only the people who are either the developer or the director of the enterprise can apply for the E-2 visa. Exceptions would be possible in the case of an applicant deemed to be essential work for the investment with executive and supervisory roles, or with exceptional abilities. 

##### Immediate Family Eligibility for Application:
 
Only your spouse (same-sex marriages included if your home country authorizes one) and unmarried children under the age of 21 can apply to accompany you, or reside with you temporarily. 

##### Duration of Your Stay:

The duration of your stay as well as the number of entries vary by treaty country and it ranges from 3 months to 5 years. To learn more about these details please refer to the US embassy of your home country. You can search for official US embassies through [this link.](https://www.usembassy.gov) 

##### How to Apply:

The processes of application vary by treaty country. Please refer to the U.S. embassy of your home country to have the clearest instructions as to how to apply for an E-2 visa. You can use this link again, to reach your U.S. embassy. However, there are commonly required steps which details you can find below: 

- Firstly, you must fill out the online application form, form DS-160, and print out the document before coming to your interview. 
- You are required to upload your photo while filling out your DS-160 application form which details you can find here. 
- After filling out your online application form, you are expected to schedule an interview. Applicants under the age of 13 and above the age of 80 are not usually required for an interview. However, there may be some exceptions to this with regard to the discretion of your consular officer. 

Wait time for the interview varies by treaty country as well. You can search for your home country’s interview wait time using this link. Furthermore, you may be required to pay an online application fee, depending on the treaty country you apply from. To learn more about it, you can refer to [this link](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors). 

##### Preparing for Your Interview: What You Must Make Ready?

- **A valid passport** for travel to the US. It must be valid for at least six months beyond your stay in the U.S. 
- Your **DS-160 online application confirmation page**. 
- **Application fee payment receipt**, if it is required for your treaty country to pay an application fee. 
- If the upload of your photo fails during your filling out the DS-160 application form, you must bring **a print of your photo in the same format as your online upload**. 
- **DS-156E, Nonimmigrant Treaty Trader/Treaty Investor application form.** This is required for applicants for executive, manager, and essential employee positions. 

Additional documents may be required depending on your treaty country. For more information about this, please refer to [this link](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors) again. 

##### Additional Information:

- If you are awarded a visa, you may be required to pay a visa issuance fee depending on your treaty country. The processing time of your visa may vary. To learn more about visa processing and when your visa might be delivered to you, please use [this link](https://tr.usembassy.gov/visas/immigrant-visas/employment-based-immigration/after-the-interview/). 
- You may apply for an extension for your visa beyond the date indicated on your I-94 form. This form is provided to you by U.S. Customs and Border Protection (CBS) officials upon your entry to the US. Read more about extending your stay on the U.S. Citizenship and Immigration Services [website](https://www.uscis.gov/visit-the-united-states/extend-your-stay). 
- While in the U.S., you can request a change in your nonimmigrant status to switch to another category. Learn more about requesting a change of status on the Citizenship and Immigration Services (USCIS) [website](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status).

In this introductory writing, you will read about E-2 visas, listed under Treaty Trader & Investor Visas. Designed for the development and cooperation between US’s and various other countries’ commerce and navigation investments and initiatives, E-2 visas provide business gurus and visionaries with the necessary legal non-immigrant status to achieve their financial and career goals. 

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Treaty Trader & Investor Visas: E-2

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What is the Minimum Amount for E-2 Investor Visa?