Investor visas
EB-5 petitions and project work, E-1 and E-2 treaty visas and B-1 business visits, with source-of-funds work in English and Chinese.
Overview
The United States has several ways for business owners and investors to come here. Some give a green card (permanent residence). Others are temporary visas that let you run a business or visit for business. The main options are the EB-5 immigrant investor green card, the E-2 treaty investor visa, the E-1 treaty trader visa, and the B-1 business visitor visa.
Each option has different rules on how much money you need, where the money comes from, and what you can do in the U.S. The E-1 and E-2 visas are only open to citizens of countries that have a trade treaty with the United States. Mainland China does not have an E-1 or E-2 treaty. Taiwan does. Some investors qualify through a second citizenship, but special rules apply if that citizenship was bought through an investment program.
Picking the right path early can save time and money. The right choice depends on your nationality, your budget, your timeline, whether you want a green card, and how involved you plan to be in the business.
How to choose among the investor options
- EB-5 leads to a green card for you, your spouse and unmarried children under 21. Under current law it generally requires an investment of $1,050,000, or $800,000 in a targeted employment area, and the investment must create 10 full-time U.S. jobs. These amounts are set to change on January 1, 2027.
- E-2 is a temporary visa for an investor who puts a substantial amount of money at risk in a real U.S. business and will develop and direct it. There is no fixed minimum amount, but you must be a citizen of a treaty country.
- E-1 is a temporary visa for a trader whose company carries on substantial trade, with more than half of its international trade between the U.S. and the treaty country. You must also be a citizen of a treaty country.
- B-1 is a short-term visitor visa for business meetings, contract negotiations, conferences and site visits. It does not allow you to work for a U.S. company or be paid from U.S. sources.
- Nationality matters for E visas. Mainland China has no E-1 or E-2 treaty; Taiwan (listed as “China (Taiwan)”) has both. A person with a second citizenship from a treaty country may qualify through that country.
- If the second citizenship was obtained through a financial investment program, federal law passed in December 2022 requires the person to have been domiciled in that country for at least three continuous years before applying for an E visa.
- Money rules differ. EB-5 requires strict proof that every dollar came from a lawful source. E-2 also requires proof of lawful source and that the funds are truly at risk.
- E visas can be renewed as long as the business still qualifies, but they do not lead to a green card on their own. Some E-2 investors later move to EB-5 or another green card category.
How we help
Investors
- EB-5 petitions (I-526E, I-829) and RFE responses, including project business plans
- Source-of-funds and path-of-funds documentation
- EB-5 counsel on regional center projects
- E-1 and E-2 visas for treaty-country nationals
Business visitors and owners
- B-1 business visitor matters
- Coordinating visa strategy with company structure
- Bilingual guidance for owners and staff
More ways we help
- Compare EB-5, E-2, E-1 and B-1 options side by side for your family and budget
- Review second citizenships and treaty eligibility before you invest
- Plan a step-by-step path from a temporary visa to a green card
- Explain each step in English, Mandarin or Shanghainese
Explore investor visas
EB-5 immigrant investor
Green card through a qualifying investment, directly or through a regional center.
E-2 treaty investor
For nationals of treaty countries investing in and directing a U.S. business.
E-1 treaty trader
For nationals of treaty countries carrying on substantial trade with the United States.
B-1 business visitor
Meetings, negotiations and other permitted business activity on a short visit.
How the process works
Review your goals and nationality
We look at your citizenship(s), family, budget and whether you want a green card or a temporary visa.
Choose the path
Based on the facts, you choose EB-5, E-2, E-1, B-1, or a mix (for example, E-2 now and EB-5 later).
Trace and document your funds
Gather records showing where the money came from and how it moved to the U.S. business or project.
Timing: Often several weeks for complex or overseas funds
Prepare and file the application
EB-5 is filed with USCIS. E and B visas are usually applied for at a U.S. consulate in your country of nationality or residence.
Form: I-526 or I-526E (EB-5); DS-160 and DS-156E (E visas); DS-160 (B-1)
Interview or adjudication
Most visa applicants now need an in-person consular interview. EB-5 cases are reviewed by USCIS and may receive a request for evidence.
Timing: Varies by consulate and USCIS workload
Maintain status and plan ahead
Keep the business running and records up to date for renewals, and plan any move toward a green card.
Form: I-829 (EB-5 removal of conditions)
Documents to gather
- Passports for every citizenship you hold, and for family members
- Proof of how any second citizenship was obtained and your residence history in that country
- Bank statements showing the investment funds
- Records of where the money came from (salary, business profits, property sale, gift or loan)
- Personal tax returns (EB-5 generally requires the last 7 years)
- Business plan and company formation documents
- Wire transfer and currency exchange records
- Marriage and birth certificates for family members
Common problems to avoid
- Assuming a Chinese passport qualifies for E-1 or E-2 when mainland China has no E treaty.
- Buying a second citizenship without checking the three-year domicile rule for E visas.
- Moving money before you have records that show its lawful source and each step of the transfer.
- Using a B-1 or ESTA visit to actually start working in or running a U.S. business.
- Waiting until after an investment deadline or amount change to file an EB-5 petition.
- Choosing an E-2 business that is too small to do more than support your own family.
What has changed lately
Under the EB-5 Reform and Integrity Act, the EB-5 minimum investment amounts are scheduled to adjust for inflation on January 1, 2027, and every five years after that. Check the new amounts before you invest.
The State Department requires most nonimmigrant visa applicants, including E and B applicants, to apply at a U.S. embassy or consulate in their country of nationality or residence.
A separate “Gold Card” program started in December 2025. It uses Form I-140G, a $15,000 processing fee, and a $1 million gift for an individual. It is being challenged in court, and it is not the same as EB-5.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
I am a citizen of mainland China. Can I get an E-2 visa?
Not with a mainland Chinese passport, because China does not have an E-2 treaty with the U.S. If you also hold citizenship in a treaty country, you may qualify through that country. If you got that citizenship through an investment program, you generally must have lived (been domiciled) there for three years first.
Can a Taiwan passport holder get an E-1 or E-2 visa?
Yes. Taiwan is on the State Department’s treaty list for both E-1 and E-2. You still must meet all the other requirements for the visa.
Which option gives me a green card?
Of these options, only EB-5 leads directly to a green card. E-1, E-2 and B-1 are temporary. An E visa holder may later apply for a green card through EB-5 or another category.
How much money do I need for an E-2 visa?
There is no fixed minimum. The amount must be substantial compared to the total cost of the business, and the business must be able to do more than support only your family.
Can I use a B-1 visa to look for a business to buy?
Generally, yes. Meeting sellers, visiting sites and negotiating contracts are usually allowed business activities. Running the business or working there is not allowed on a B-1.
Is the Gold Card the same as EB-5?
No. EB-5 is a program created by Congress that requires an investment that creates jobs. The Gold Card is a separate program started by executive order that is under legal challenge. Talk with a lawyer about the risks before choosing it.
- U.S. Department of State – Treaty Countries (E-1/E-2)
- U.S. Department of State – Treaty Trader and Investor Visas
- 8 U.S.C. § 1153(b)(5) – EB-5 employment creation
- 9 FAM 402.9 – Treaty Traders, Investors and Specialty Occupations
- 9 FAM 402.2 – Tourists and Business Visitors
- USCIS – EB-5 Immigrant Investor Program
- State Department – Adjudicating NIV Applicants in Their Country of Residence
- James M. Inhofe NDAA for FY2023 (Pub. L. 117-263), E visa domicile rule
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.