Last reviewed September 6, 2026
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.
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 current post-2022 framework, the usual thresholds are $1,050,000 or $800,000 for a qualifying reduced-threshold investment. 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. 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 chargeability 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.
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.
Other business-related options
A qualifying multinational transfer may fit L-1, and some entrepreneurs may qualify under an independently supported H-1B, O-1, NIW 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.