Last updated Sep 29, 2026 · 4 min read

Investor and Treaty Routes

Treaty trade, treaty investment and EB-5: nationality, including Bangladeshi E-2 eligibility, and business evidence.

TR Immigration Team

Overview: E-1, E-2 and EB-5 answer different questions: qualifying international trade, qualifying treaty investment, and investment-based permanent residence. E-3 is a nationality-specific employment route for Australians, not an investment category. Choosing among them starts with the investor’s nationality, the size and source of the funds, and whether the goal is temporary status or a green card.

Activity and temporary or permanent classification

E-1 concerns substantial continuing trade principally between the United States and a treaty country. Its evidence requirements address ownership, treaty nationality and actual international transactions.

E-2 concerns developing and directing a qualifying U.S. business with substantial at-risk investment. There is no universal minimum amount that guarantees approval. The amount is evaluated in relation to the enterprise, and the business cannot be merely marginal under the rules.

EB-5 is a green-card route based on the required investment and job creation. Under the post-2022 framework, the usual thresholds are $1,050,000, or $800,000 for a qualifying reduced-threshold investment in a rural or high-unemployment area or an infrastructure project. At least ten qualifying full-time jobs and the other requirements must be established.

Treaty nationality and ownership

E-1 and E-2 depend on the relevant treaty and nationality rules. A country may qualify for one and not the other, and State keeps the current treaty country list. Bangladesh is listed by the Department of State for E-2, effective July 25, 1989. Bangladeshi citizenship therefore does not itself exclude an investor from E-2.

Residence in a treaty country is not the same as treaty nationality. Enterprise ownership establishes the relevant nationality, and special rules apply when citizenship was obtained through financial investment. EB-5 does not require E-2 treaty nationality, although and visa availability matter later.

What the evidence establishes

Ownership and control records identify the enterprise’s structure.
Business records describe customers, operations and the applicant’s role.
E-1 evidence covers actual trade transactions and the bilateral-trade calculation.
E-2 and EB-5 evidence documents the lawful source, movement and commitment of funds.
Operating costs, staffing and financial records are assessed under the category’s requirements.
Qualifying capital is distinct from application fees, professional charges and family living costs.

A lease and incorporation certificate do not establish every business requirement. A large transfer does not by itself prove lawful source, commercial risk or job creation. A project seller’s immigration assurance does not replace financial due diligence.

EB-5 program rules and dates

Regional centers: the EB-5 Reform and Integrity Act of 2022 authorized the regional center program through September 30, 2027. It also lets USCIS keep processing petitions filed on or before September 30, 2026 if Congress lets the program lapse later, so the filing date can matter.
Reserved visas: set-asides apply for rural projects (20 percent), high-unemployment areas (10 percent) and infrastructure projects (2 percent).
Inflation adjustment: the minimum investment amounts are set to adjust for inflation starting January 1, 2027 and every five years after.
Stages: an I-526 or I-526E petition, then a visa or adjustment application and conditional residence, then Form I-829 to remove conditions.

USCIS describes the program on its EB-5 page. Because the law has changed several times, confirm the current authorization and thresholds there before relying on any date.

Temporary status versus permanent residence

E-1 and E-2 are temporary classifications that can be renewed while eligibility continues. They do not automatically turn into green cards. EB-5 has a petition and final residence process, initially conditional residence, followed by removal of conditions.

E spouses may have status-based work authorization when properly classified; dependent children do not. EB-5 family members follow the immigrant derivative rules. A child’s approaching 21st birthday can affect eligibility; business approval does not protect dependent eligibility indefinitely.

Government costs

E visa application: $315 per applicant, according to State’s fee page.
USCIS petition for E status: the Form I-129 fee is $1,015 for E petitions with one to 25 named beneficiaries, under 8 CFR 106.
EB-5 application: State lists $345 per person for employment-based cases based on an approved I-526 petition. USCIS’s EB-5 petition and I-829 fees are set on its fee schedule.
Not government costs: the investment itself, legal and professional fees, and any regional center or administrative fees are separate and vary by project.

A qualifying multinational transfer may fit L-1, and some entrepreneurs may qualify under an independently supported , O-1, or other route. Owning a U.S. business does not itself authorize working in it. Eligibility depends on the actual role and the requirements of the particular category.

Common mistakes to watch for

Assuming a specific dollar amount guarantees E-2 approval.
Relying on a seller’s or promoter’s immigration assurances instead of independent financial review.
Documenting the amount invested but not the lawful source of the money.
Treating E status as a path to a green card.
Ignoring the September 30, 2026 filing-date point when comparing EB-5 timing.