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E-2 vs EB-5

Both rest on investing in the United States, with different results. The E-2 is a temporary, renewable visa for citizens of treaty countries such as Chile who direct their own business. The EB-5 is permanent residence, requires the investment to create jobs and usually calls for a larger amount.

These two categories differ on 8 of 10 criteria. The full table is below, but if you only have a minute, these are the differences that decide a case.

Where they part ways

  • What it is for

    E-2 Direct your own US business

    EB-5 Residence through job-creating investment

  • Annual cap

    E-2 No cap

    EB-5 7.1% of the annual employment-based total

  • Prior USCIS petition

    E-2 No, straight to the consulate

    EB-5 Yes, Form I-526E

  • Duration

    E-2 Renewable indefinitely

    EB-5 Permanent

  • Dual intent

    E-2 Not allowed

    EB-5 It is residence itself

  • Spouse may work

    E-2 Yes, authorised by the status

    EB-5 Yes, derivative residence

  • Path to residence

    E-2 Not on its own

    EB-5 It is the residence

  • Chile's position

    E-2 A treaty country since 2004

    EB-5 None of the backlogs that affect India and China

Full comparison

CriterionE-2 E-2 visaEB-5 EB-5 green card
What it is for The activity the category authorises. Direct your own US business Residence through job-creating investment
Needs a sponsor Whether someone else has to petition for you. No, the investment is yours No, the investment is yours
Annual cap How many are issued per fiscal year. No cap 7.1% of the annual employment-based total
Lottery Whether access depends on a random selection. None None
Prior USCIS petition Whether a form must be approved before the consulate. No, straight to the consulate Yes, Form I-526E
Duration Initial term and cumulative ceiling. Renewable indefinitely Permanent
Dual intent Whether you can pursue residence without risking the status. Not allowed It is residence itself
Spouse may work Whether your partner is authorised to work. Yes, authorised by the status Yes, derivative residence
Path to residence Whether it leads to a green card or is one already. Not on its own It is the residence
Chile's position What being Chilean changes. A treaty country since 2004 None of the backlogs that affect India and China

Figures verified on 2026-09-11

This table is general guidance, not legal advice or an eligibility assessment.

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