Whereas the EB-5 Visa is an Immigrant Visa—leading to Permanent Residence—the E-2 classification is a temporary visa, permitting legal status in the United States in two-year periods. The U.S. has a long history of attracting the best and brightest from around the world, and entrepreneurs are no exception.

U.S. immigration law provides several mechanisms for investors to place key personnel in the U.S., including the investors themselves. The E-2 classification is also known as the nonimmigrant investor visa. It is a temporary visa status, which although granted in two-year increments, can be extended further without limitation.

In comparison, the H-1B specialty worker is limited to six years, and the L-1A intercompany transferee is limited to 7 years for executives and managers. Also, unlike the H-1B, the E-2 visa holder’s spouse can obtain work authorization for the duration of E-2 status. The E-2 spouse may then work anywhere in the U.S. The E-2 category is available to citizens of 82 countries that have a treaty of trade or commerce with the U.S. such as Japan, Taiwan, the Ukraine, U.K. and the Philippines. 
 
An E-2 visa allows nationals of a particular foreign country to manage investments that are at least 50% owned by individuals of the same nationality. The visa requires that the U.S. investment be substantial and generate a substantial income. The investment amount depends on the nature of the business. Naturally, one of the foremost questions in the mind of potential E-2 investors is: “how much do I need to invest?” The answer is that it depends on the nature of the business. There are no hard and fast figures on what the minimum investment amount is, however the U.S. Citizenship and Immigration Service (USCIS) generally require a business investment of $100,000 or more. For example, opening up an automobile manufacturing plant would likely require over one million dollars while opening up a CPA firm may only require start up costs of $75,000. It is for this reason that there is no fixed figure on a minimum investment amount, but the more sizeable investment generally ensures a more favorable decision.  
 
The E-2 investor must show that his return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a frozen yogurt shop and will invest $45,000 to buy the equipment. He expects the yogurt shop to generate $90,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The yogurt shop would only generate enough money to support the investor.  
 
Compare this to a business where the investor purchases and operates a small chain of frozen yogurt shops. He invests $100,000 on preliminary set-up and equipments costs and expects each stand to generate $90,000 in gross annual sales. This E-2 investment will generate $900,000 a year and will be seen as a substantial investment. 
 
The E-2 investment may be in any lawful endeavor that will generate a substantial income. Some successful E-2s include professional services firms such as accounting or CPA firms, import-export companies, real estate management companies, retail stores, beauty salons, restaurants, and construction companies. The E-2 is not limited to these types of businesses, but rather by the amount of income it generates. 
 
Beneficiaries of the E-2 visa and status include not only the investor, but may also encompass certain employees of the E-2 company. Management workers or employees possessing specialized knowledge which is essential to the operations of the E-2 company are such qualifying employees. For example, a Filipino marketing manager may be transferred on an E-2 visa to the U.S. to fill a management position. The company must be majority owned and controlled by nationals of the Philippines. The manager does not have to be an owner of the company. In addition to managers, one may qualify as an essential specialized knowledge employee.  For example, a programmer for a Filipino software consulting company who knows special, proprietary knowledge of the Philippine company’s product, can be transferred to the U.S. in E-2 status.