U.S. Investment Immigration — Ramseyer & Associates PC

Section I

Executive Overview

The United States remains one of the world's most consequential destinations for investors, entrepreneurs, and globally mobile families. Understanding your immigration options — before capital is committed — is not a formality. It is sound strategy.

Why the U.S. Remains Compelling

The United States offers unparalleled access to capital markets, consumer scale, legal stability, and institutional infrastructure. For internationally mobile investors, a secure U.S. immigration status unlocks not merely a right of residence — it opens the door to business formation, generational wealth planning, educational access, and long-term optionality across the world's largest economy.

Pathway Selection Is a Strategic Decision

There is no universal best pathway. The right immigration strategy depends on your nationality, investment capacity, business model, timeline, family structure, and long-term residence objectives. A strategy well-suited to a European entrepreneur may be unavailable or impractical for an investor from a non-treaty country. Immigration strategy must be calibrated — not assumed.

Structure Before Capital

The most consequential immigration decisions are made before the investment is executed. Source-of-funds documentation, corporate structuring, investment vehicle selection, and business ownership design all carry lasting immigration implications. Engaging qualified immigration counsel prior to committing capital is not merely cautious — it is essential due diligence.

"The question is never simply which visa. It is which pathway best serves your capital, your family, and the life you intend to build — now and a decade from now."

About Ramseyer & Associates PC

Founded in 2002 — over two decades of high-quality legal representation across New York and internationally
Practice areas include Immigration Law, Corporate Law, Real Estate, Family Law, Taxation, and Estate Planning
Partnered with law firms in the United Kingdom, United Arab Emirates, India, Africa, South America, and North America
A team of Ivy League-educated legal scholars committed to elite jurisprudence and strategic advocacy
Conveniently located in midtown Manhattan — 14 Penn Plaza, 34th Street, New York, NY

What This Guide Covers

The EB-5 Immigrant Investor category — the primary U.S. permanent residence pathway for qualifying investors
The E-2 Treaty Investor category — a renewable nonimmigrant option for treaty-country nationals
A structured side-by-side comparison to guide strategic decision-making
Practical guidance on next steps and how to begin a confidential strategy consultation

Section II

EB-5 Immigrant Investor

The most direct pathway to U.S. permanent residence through qualifying investment — and the most structurally significant decision an international investor can make.

What Is EB-5?

The EB-5 Immigrant Investor Program provides a pathway to U.S. lawful permanent residence — commonly known as a green card — for qualifying investors who make a capital investment in a U.S. commercial enterprise and create a minimum number of full-time jobs for U.S. workers. It is a congressionally established program administered by U.S. Citizenship and Immigration Services (USCIS), and it represents the only major U.S. immigration category principally defined by investment rather than by employment or family relationship.

Who Is EB-5 Best Suited For?

EB-5 is generally the most appropriate pathway for investors whose primary objective is U.S. permanent residence and who meet the capital and documentation requirements. It is particularly well-suited for investors from countries where employment-based visa backlogs are less pronounced, those who prefer a passive or regional center investment structure over active business management, and families prioritizing long-term U.S. stability and generational optionality.

Permanent vs. Temporary Objectives

EB-5 is a permanent residence pathway — not a temporary visa. A successful EB-5 petition results in conditional permanent resident status, initially granted for two years, which is subsequently converted to full lawful permanent residence upon satisfaction of relevant conditions. Investors whose primary objective is temporary business presence or work authorization should consider the E-2 or other nonimmigrant alternatives discussed in this guide.

Investment Thresholds

The standard EB-5 investment minimum is set by regulation. As of current market guidance, the standard threshold is approximately $1,050,000 for non-TEA projects.
For investments in Targeted Employment Areas (TEAs) — rural areas or high-unemployment zones — the commonly cited minimum is approximately $800,000.
These thresholds are subject to periodic regulatory adjustment. All figures must be confirmed against current USCIS regulations at time of filing.
All capital must be demonstrably "at risk" in the commercial enterprise and lawfully sourced — a fundamental requirement of the program.

Job Creation Requirement

Each EB-5 investor is generally required to demonstrate the creation of at least 10 full-time positions for qualifying U.S. workers.
In direct investments, these are typically direct employees within the funded enterprise.
In regional center investments, job creation may include indirect and induced economic employment, calculated through approved economic methodologies.
Satisfying this requirement is a critical condition for the removal of conditions on residence and the path to unconditional permanent resident status.

Direct Investment vs. Regional Center

Direct EB-5

The investor funds a commercial enterprise directly — typically a business they own or control. Active involvement in policy-making or managerial capacity is required. Job creation must be direct and documented through verifiable payroll records. This path offers greater operational control but places a higher documentary and management burden on the investor.

Regional Center EB-5

The investor contributes capital to a USCIS-designated Regional Center — an approved pooled investment vehicle, typically funding real estate development or infrastructure. The investor takes a passive role; job creation may include indirect and induced employment. This is the most commonly utilized structure for international investors. Thorough due diligence on the regional center sponsor, project structure, and capital terms is essential.

Typical EB-5 Process Stages

Legal Strategy & Eligibility Assessment

Evaluate investor nationality, source-of-funds documentation, family objectives, and investment vehicle. Select direct or regional center approach. Retain immigration counsel and begin document compilation well in advance of filing.

Source of Funds Documentation

Document the lawful origin of all EB-5 capital through banking records, tax filings, corporate records, and notarized evidence as applicable. This is typically the most documentation-intensive phase and should begin early in the process.

Capital Investment & I-526E Petition

Execute the qualifying investment. File Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (direct), demonstrating eligibility and qualifying investment through comprehensive supporting evidence.

Consular Processing or Adjustment of Status

Depending on whether the investor is inside or outside the United States, proceed through immigrant visa processing at a U.S. consulate or file for adjustment of status domestically. Timing is subject to visa availability based on the investor's country of birth.

Conditional Permanent Residence

Upon approval, the investor and qualifying family members receive conditional green cards, generally valid for two years. The investor must demonstrate that job creation conditions have been fulfilled before conditions are removed.

I-829 Petition & Unconditional Residence

File Form I-829 to remove conditions and obtain unconditional lawful permanent resident status — a full U.S. green card for the investor and eligible family members, with eventual eligibility for U.S. citizenship.

Key Advantages of EB-5

Direct path to U.S. permanent residence — no employer sponsor required
Available to investors of virtually any nationality — no treaty country requirement
Spouse and unmarried children under 21 are included as principal beneficiaries
Passive investment option available via the regional center model
Leads to eligibility for U.S. citizenship after the required lawful permanent residence period
No specific education, age, or English language requirement for the investor

Key Risks & Considerations

Capital is at risk — returns and capital preservation are not guaranteed by immigration law
Processing timelines can be lengthy, particularly for investors born in high-demand countries subject to visa retrogression
Source-of-funds scrutiny is rigorous — documentation complexity should not be underestimated
Job creation conditions must be demonstrated, not merely projected
Regional center sponsor due diligence is the investor's responsibility
U.S. tax obligations arise upon receipt of lawful permanent resident status — pre-immigration tax planning is strongly advisable

Important note on figures: Investment minimums and program requirements under the EB-5 program are governed by federal regulation and are subject to change. The amounts referenced in this brochure reflect current general market guidance and should be confirmed against applicable USCIS rules at the time of any filing. Nothing herein constitutes legal advice or a guarantee of immigration outcome.

Section III

E-2 Treaty Investor

A compelling nonimmigrant option for active investors from treaty countries — offering speed, renewability, and proportionate entry into the U.S. market.

What Is E-2?

The E-2 Treaty Investor visa is a nonimmigrant status available to nationals of countries that maintain qualifying treaties of commerce and navigation with the United States. It permits an investor to enter and work in the United States for the purpose of developing and directing a business in which they have made a substantial investment. E-2 is not a green card — but it offers a renewable, practical, and often more rapidly accessible entry point for active investors from qualifying nations.

Key Distinction: Nonimmigrant Status

E-2 does not, by itself, lead to lawful permanent residence. E-2 holders must maintain nonimmigrant intent — they are present on a temporary basis for qualifying business purposes. While E-2 status can be renewed indefinitely as long as the qualifying enterprise remains operational, investors who ultimately seek permanent residence will typically need to pursue a separate pathway toward that objective.

Treaty Country Nationality Requirement

E-2 eligibility is strictly limited to nationals of countries that have a qualifying bilateral investment or commerce treaty with the United States. The investor's nationality — not country of residence — is the controlling factor. Where a client holds dual nationality, treaty eligibility should be reviewed for each passport. Clients from non-treaty countries are not eligible for E-2 regardless of their place of business or domicile.

Substantial Investment — What It Means

There is no fixed statutory minimum investment amount for E-2. The governing standard is that the investment be "substantial" relative to the total cost of establishing or acquiring the enterprise.
The investment must be committed and genuinely at risk — it cannot remain in escrow or be readily repatriated at the investor's discretion.
Substantiality is assessed proportionally: a lower-cost business may require a higher percentage of committed capital to satisfy the standard.
In practice, qualifying E-2 investments commonly range from approximately $100,000 to several million dollars depending on the enterprise, though the threshold is not determined by amount alone.
The investment must be irrevocably committed before the visa is adjudicated.

The Active Business Requirement

E-2 requires investment in an active, real, and operational commercial enterprise — not a passive holding vehicle, dormant entity, or speculative financial instrument.
A purely speculative investment, a real estate purchase without active development or management, or a holding company with no operational activity will generally not qualify.
The enterprise must generate income beyond merely sustaining the investor — satisfying the "marginality" standard that the business has broader economic impact.
The investor must actively direct and develop the enterprise; holding equity without substantive operational engagement is insufficient.

Key Advantages of E-2

No fixed minimum investment — proportionate and accessible for earlier-stage or smaller enterprises
Processing timelines are typically significantly faster than EB-5
E-2 status is renewable indefinitely as long as the qualifying enterprise remains active
Spouse is generally eligible for employment authorization in the United States
Children under 21 may accompany and access U.S. educational institutions
Effective U.S. business and family platform while longer-term residency strategies are developed in parallel

Key Limitations of E-2

Unavailable to nationals of non-treaty countries — eligibility is strictly nationality-based
Does not lead directly to permanent residence — a separate pathway is required for green card objectives
Active, directed business engagement is required — passive investors do not qualify
Business viability is essential to status continuity; enterprise failure places E-2 status at risk
Years in E-2 status do not accrue toward U.S. citizenship eligibility
Dependent children aging out at 21 require timely separate status planning

"For the active entrepreneur who wants to build and operate in the United States — and whose nationality qualifies — E-2 often provides a faster and more proportionate entry point than any other pathway."

E-2 Treaty Countries

The following is a selection of the most prominent nationalities that maintain E-2 treaty eligibility with the United States. This list is illustrative — not exhaustive — and treaty eligibility should be confirmed with counsel based on your specific nationality at the time of application.

🇬🇧United Kingdom

🇩🇪Germany

🇫🇷France

🇯🇵Japan

🇰🇷South Korea

🇮🇹Italy

🇪🇸Spain

🇨🇭Switzerland

🇳🇱Netherlands

🇦🇺Australia

🇧🇪Belgium

🇸🇪Sweden

🇦🇹Austria

🇳🇴Norway

🇩🇰Denmark

🇫🇮Finland

🇹🇷Turkey

🇲🇽Mexico

🇨🇴Colombia

🇵🇭Philippines

🇮🇱Israel

🇵🇰Pakistan

🇹🇭Thailand

🇵🇹Portugal

🇬🇷Greece

🇮🇪Ireland

🇸🇬Singapore

🇿🇦South Africa

🇧🇩Bangladesh

🇷🇴Romania

Ideal E-2 Client Profiles

The Active Operator

A business owner from a treaty country who intends to directly manage and grow a U.S.-based enterprise — whether launching a new venture, acquiring an existing U.S. business, or expanding a home-country operation into the American market.

The Franchise Investor

An investor acquiring a qualifying U.S. franchise concept. Franchise structures are frequently used in E-2 applications and can satisfy both the substantiality and active management requirements when properly structured and documented.

The Platform Builder

An entrepreneur or founder who wants to establish a U.S. operational presence as a strategic foundation — using E-2 as the initial platform while concurrently developing a longer-term permanent residence strategy in parallel.

The Relocating Family

A family principal who values the flexibility of an E-2 platform for U.S. presence, spouse employment authorization, and educational access for children, while retaining optionality for future permanent residence planning.

Section IV

EB-5 vs. E-2 — Side by Side

A high-level comparison of the two primary U.S. investment immigration pathways. All information is general and subject to current government regulations.

Category	EB-5 Immigrant Investor	E-2 Treaty Investor
Status Type	Permanent Residence (Green Card)	Nonimmigrant — Renewable
Nationality Restriction	None — open to all nationalities	Treaty country nationals only
Typical Investment	~$800K (TEA) to ~$1.05M+ (non-TEA); at risk in qualifying enterprise	No fixed minimum; "substantial" relative to business cost; at risk and committed
Business Involvement	Passive permitted (regional center); active management required for direct EB-5	Active direction and development of the enterprise is required — passive investment does not qualify
Job Creation	Minimum 10 full-time U.S. jobs required (direct or indirect)	No minimum job creation requirement; business must not be "marginal"
Leads to Green Card?	Yes — directly	Not directly — requires separate permanent residence strategy
Spouse Work Authorization	Authorized as lawful permanent resident upon approval	Spouse generally eligible for separate employment authorization
Processing Timeline	Typically longer — subject to visa availability by country of birth	Generally faster — often adjudicated at consulate within weeks to months
Path to Citizenship	Yes — after required lawful permanent residence period	No — E-2 years do not count toward naturalization
Source of Funds Review	Rigorous — full lawful source documentation required for all invested capital	Required — documentation of lawful investment source is expected
Best For	Investors of any nationality seeking permanent U.S. residence through qualifying capital	Active entrepreneurs from treaty countries seeking agile U.S. market entry

This comparison is for general orientation only. It does not constitute legal advice. Immigration eligibility, processing timelines, and investment thresholds are subject to U.S. government regulations and may change. Consult qualified immigration counsel before taking any action.

Section V

How Ramseyer & Associates Helps

We serve internationally mobile investors, entrepreneurs, and families as a strategic immigration partner — not a paperwork processor. Our mandate is to help clients make well-informed decisions and execute them with precision and discretion.

Strategic Visa Selection

We begin every engagement by understanding your objectives — not by defaulting to the most common solution. Nationality, investment capacity, business model, family structure, and long-term residence goals are all evaluated before a pathway is recommended.

Eligibility & Risk Assessment

A preliminary eligibility analysis helps clients understand where they stand before committing time or capital. We identify potential obstacles early and provide honest guidance on the realistic likelihood and timeline of each available pathway.

Source-of-Funds Planning

Documentation of lawful capital origin is one of the most consequential and underestimated aspects of investment immigration. We help clients structure and compile a coherent, government-ready source-of-funds narrative well in advance of any filing.

Investment Structuring Coordination

Immigration implications should inform corporate and investment structure decisions — not be addressed after the fact. We coordinate closely with client advisors, corporate counsel, and tax professionals to ensure structures are immigration-compatible from the outset.

Filing & Case Management

We manage petitions, applications, and supporting documentation from preparation through adjudication. Clients receive proactive updates on processing changes and direct attorney access throughout the entire process.

Family & Generational Planning

Immigration strategy rarely concerns only the principal investor. We incorporate spouse employment authorization, children's educational pathways, dependent status planning, and long-term citizenship optionality into every relevant engagement.

Long-Term Pathway Development

The first visa is rarely the final chapter. We advise on the pathway beyond initial status — helping clients understand how their current immigration platform positions them for permanent residence, citizenship eligibility, and multi-generational U.S. presence.

A note on our approach: We do not guarantee immigration outcomes. No ethical attorney can. What we commit to is rigorous preparation, honest assessment, transparent communication, and the highest standard of legal judgment in our field. Our clients are making decisions that affect their families and their capital. We take that responsibility seriously. — Ramseyer & Associates PC, Attorneys at Law

Investing in America: EB-5 & E-2 Pathways for Global Entrepreneurs and Family Offices.