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INA § 101(a)(15)(E) / L-1A Transferee / EB-5 RIA 2022 ($800k TEA)

US E-2, L-1 & EB-5 Business Visa Guide

Complete legal breakdown of U.S. business immigration pathways — E-2 Treaty Investors, L-1A Executive Transfers, and $800,000 EB-5 Green Cards.

E-2 vs L-1A vs EB-5 Statutory Comparison

FeatureE-2 Treaty InvestorL-1A Executive TransferEB-5 Immigrant Investor
Immigration StatusNonimmigrant VisaNonimmigrant VisaConditional Permanent Residence
Min. Capital NeededNo fixed statutory minimum; investment must be substantialNo minimum set by law$800,000 (TEA or qualifying infrastructure) / $1.05M (standard investment)
Treaty RequirementRequired Must be treaty nation citizenNo treaty restrictionNo treaty restriction
Overseas EmploymentNot required1 year in prior 3 yearsNot required
Spousal Work RightsE-2S AutomaticL-2S AutomaticUnrestricted Green Card

Pathway Deep-Dive

1. E-2 Treaty Investor Visa (INA § 101(a)(15)(E)(ii))

Capital must be committed and at risk, and the enterprise must be a real and operating commercial enterprise. E-2 status may be extended in increments of no more than 2 years, and eligible E-2 nonimmigrants may continue to qualify as long as they meet the requirements; visa validity is a separate reciprocity issue.

2. L-1A Executive / Manager Transfer (INA § 101(a)(15)(L))

Designed for multinational companies transferring executives or managers to a U.S. office. Initial stay is generally up to 3 years, except a qualifying new-office L-1 may receive an initial stay of up to 1 year; L-1A status has a 7-year maximum. Qualifying L-1A executives or managers may pursue permanent residence through the EB-1C category, which does not require PERM labor certification.

3. EB-5 Immigrant Investor Program (RIA 2022)

An immigrant-investor pathway to U.S. permanent residence. An investor who makes a qualifying $800,000 investment in a TEA or qualifying infrastructure project may qualify for conditional permanent residence, including eligible derivative benefits for the investor’s spouse and unmarried children under 21, subject to EB-5 requirements and visa availability.

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Frequently Asked Questions (FAQ)

Under the EB-5 Reform and Integrity Act of 2022 (RIA), the minimum investment is $800,000 for a qualifying Targeted Employment Area (TEA) investment or a qualifying infrastructure project, and $1,050,000 for a standard investment outside those reduced-threshold categories.

Under INA § 101(a)(15)(E)(ii), E-2 visas are available to nationals of countries that have a qualifying treaty, international agreement, or qualifying statutory relationship with the U.S., subject to the current Department of State treaty-country list. India and China are not E-2 treaty countries.

Under INA § 101(a)(15)(L), the applicant generally must have worked abroad for a qualifying organization in a managerial, executive, or specialized-knowledge capacity for at least 1 continuous year within the preceding 3 years and must be transferring to a qualifying U.S. parent, subsidiary, affiliate, or branch.

Potentially, but eligibility depends on the EB-5 requirements, visa availability, and the investor’s circumstances. A Regional Center investor uses Form I-526E; a direct EB-5 investor uses Form I-526. An eligible person in valid nonimmigrant status may, when otherwise eligible and a visa is available, seek adjustment of status with Form I-485. Filing an EB-5 petition does not itself confer permanent residence.

Yes. Under current USCIS policy, spouses of E-2 holders (admitted under code E-2S) and L-1 holders (admitted under code L-2S) are legally authorized to work incident to status without needing to apply for a separate Form I-765 EAD card.

Each EB-5 investment must create at least 10 full-time jobs for qualifying U.S. workers. The EB-5 rules also permit job preservation in qualifying troubled-business cases. The applicable job-creation requirement generally must be satisfied within the applicable two-year period after the investor's admission as a conditional permanent resident, subject to the specific EB-5 rules.
Official U.S. Government Portals

• USCIS E-2 Treaty Investors Guide: uscis.gov/e-2
• USCIS L-1A Intracompany Transferee Executive or Manager: uscis.gov/l-1a
• USCIS EB-5 Immigrant Investor Program: uscis.gov/eb-5