Building a business in the United States starts with the right visa strategy. We guide investors and entrepreneurs through two proven pathways: the E-2 Treaty Investor visa (a renewable nonimmigrant work visa for citizens of treaty countries) and the EB-5 Immigrant Investor program (a direct path to a U.S. green card through qualifying investment). Different goals call for different structures, and we help you choose between them — or sequence them — with your long-term plans in mind.
The Investment Path to the U.S.
Investment immigration offers one of the most direct routes for foreign nationals who want to live, work, and build businesses in the United States. Vidal Law Firm has guided hundreds of investors and their families through both the E-2 and EB-5 programs.
E-2 Treaty Investor Visa
The E-2 is a nonimmigrant visa for nationals of treaty countries (80+ countries including Mexico, Colombia, Spain, Germany, and the UK) who invest a substantial amount in a U.S. business they will develop and direct.
The E-2 is renewable indefinitely and includes your spouse and children under 21. Spouses are automatically authorized to work in the U.S.
No fixed minimum investment. In practice, E-2 investments typically range from $100,000–$500,000 depending on the business type. The investment must be “substantial” relative to the total cost of the enterprise.
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National of a country with a U.S. treaty of commerce and navigation
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Real, active commercial enterprise — not speculative or idle investment
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Substantial investment — the amount must be substantial relative to the total cost of either purchasing an established enterprise or creating a new one. The required percentage is evaluated on an inverted sliding scale: smaller-cost businesses generally require a higher percentage of the total cost to be invested, while larger-cost businesses may qualify with a lower percentage. We structure the investment proportionality to position your case for approval.
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Business must generate more than a minimal living for investor and family
No fixed minimum investment. In practice, E-2 investments typically range from $100,000–$500,000 depending on the business type. The investment must be "substantial" relative to the total cost of the enterprise.
EB-5 Immigrant Investor Program
The EB-5 provides a direct path to a U.S. green card for investors who make a qualifying investment creating at least 10 full-time jobs for U.S. workers.
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Minimum investment of $1,050,000 — or $800,000 in a set-aside category. The reduced threshold applies to investments in Rural Areas, High-Unemployment Targeted Employment Areas, or qualifying Infrastructure projects. Beyond the lower dollar figure, each set-aside category receives a dedicated portion of the annual EB-5 visa allocation (Rural 20%, High-Unemployment 10%, Infrastructure 2%) — which for nationals of countries with EB-5 backlogs (China, India, Vietnam) can reduce wait times by years. Figures are subject to inflation-based adjustment beginning January 1, 2027, so the current window is finite.
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Must create or preserve at least 10 full-time jobs for qualifying U.S. workers
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Available through direct investment or USCIS-designated Regional Centers
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Active engagement in the enterprise — the law expects you to be involved in the management of the new commercial enterprise, but "involved" is flexible. For direct EB-5 investments, this typically means day-to-day managerial control. For regional center investments, your role as a limited partner or member with policy-formation rights satisfies the requirement without requiring you to run the business day-to-day. The right structure depends on how hands-on you want to be.
Yes. You can invest in a new business or purchase an existing operating business, as long as it meets the substantiality and non-marginality requirements.
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