United States

The United States has long been known over the world as the land of opportunity, with its rich and diverse culture and one of the strongest currencies in the world.

Throughout its history, the United States has been a nation of immigrants. Currently, more than 325 million people live in the US. Of these, about 62 percent originally are of European descent,13 percent are African-American, 16 percent are Hispanic, and 5 percent are Asian. An estimated 20 percent of people living in the US speak a language other than English in their homes. Among the most common second languages are Spanish, Chinese, and Portuguese.

USCIS administers the EB-5 Immigrant Investor Program, which was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a program first enacted as a pilot in 1992 and regularly reauthorized since then, investors may also qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth. On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), which created new requirements for the EB-5 immigrant visa category and the Regional Center Program. Immigrant visas are authorized under the Regional Center Program through Sept. 30, 2027.

This page provides a brief overview of the basic requirements for an EB-5 immigrant visa under the EB-5 Reform and Integrity Act. USCIS policy on EB-5 adjudications is in Volume 6, Part G of the USCIS Policy Manual for petitions filed before and after the enactment of the EB-5 Reform and Integrity Act. USCIS will continue to update its Policy Manual with the provisions of the EB-5 Reform and Integrity Act.

The US Citizenship and Immigration Services defines an E-2 investment as “the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be to establish a new business venture, or purchase a pre-existing business.”

The E-2 Investor Visa nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. (For dependent family members, see “Family of E-2 Treaty Investors and Employees” below.