Austin, TX
(512) 456-3536

Investor Visas

Investor Visas: E-1, E-2 and EB-5

Treaty investor visas and the EB-5 investor green card, for people putting real capital into a real U.S. business.

What a treaty investor case actually turns on

We represent investors from treaty countries seeking E-1 and E-2 status to run and build a business in the United States. An E-2 case comes down to the same few questions in nearly every file: is the investment substantial relative to the size of the business, is the money already committed and genuinely at risk rather than merely promised, and is the business active and real rather than a paper entity waiting on capital. We build the case around those questions from the start, because that is what an adjudicator is checking for. E-2 status extends to a spouse and to children under 21, and a spouse may separately apply for work authorization. For investors whose plans point toward permanent residence rather than a renewable visa, we also handle EB-5 petitions built around a qualifying investment in a new commercial enterprise.

EB-5, plainly: what it offers and what it asks of you

The EB-5 program's advantage is real: a qualifying investment can lead to a green card for the investor, a spouse, and unmarried children under 21, without an employer standing between you and the petition. What is worth knowing before you commit is just as real. The investment has to be substantial, it has to be genuinely at risk rather than guaranteed, and the timeline from petition to a green card in hand runs in years, not months. We state both halves before a client files, because a client who understands the timeline going in is in a far better position than one who does not.

Ghoshal Law states EB-5's advantages and its real timeline and risk together, before you invest. Call (512) 456-3536 to talk through your plans.

Common lounge with wood-slat wall and seating inside the Great Hills Plaza building, where Ghoshal Law's office is located

Treaty investor status

E-1 and E-2 are visas, renewed rather than expiring outright.

E-1 / E-2

The three-part test

Nationality of the investor's home country, a substantial and at-risk investment, and a real operating business. Trade visas (E-1) run on substantial trade instead of investment, but the same real-business standard applies.

Spouse & children

Family and key employees

A spouse and unmarried children under 21 may accompany the investor, and a spouse may apply for work authorization. Essential employees can, in some cases, also qualify in E status to help run the business.

Form I-526

EB-5, advantages and considerations, side by side

Key advantages

  • A path to a green card without an employer sponsor
  • Covers spouse and unmarried children under 21
  • Freedom to live and work anywhere in the United States once approved

Considerations

  • The investment must be substantial and genuinely at risk
  • Processing runs on a multi-year timeline, not months
  • Approval is not guaranteed and depends on the specific investment

This page describes our practice generally and is not legal advice for your specific situation. Nothing here creates an attorney-client relationship.

Investor Visas

Questions we hear most about E-2 and EB-5.

The E-2 visa allows nationals of certain treaty countries to invest in and manage a U.S. business. The investment must be substantial and the business must be active and real.

Yes. While there is no specific job creation requirement like EB-5, the business should generate income to support the investor and contribute to the U.S. economy.

Yes. E-2 spouses and children under 21 can accompany the investor. Spouses may also apply for work authorization.

E-2 visas are typically issued for up to 5 years, depending on the treaty country, and can be renewed indefinitely as long as the business remains operational.