Compare visas
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
| Criterion | E-2 E-2 visa | EB-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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