U.S. Investor Visa Options Compared: E-2, EB-5, L-1A, O-1 and More

The U.S. has no single “investor visa”. Instead there are several routes that founders and investors use: the E-2 and E-1 treaty visas, the EB-5 investment green card, the L-1A for managers of a related foreign company, the O-1 and EB-2 NIW for people with exceptional achievements, and less often the H-1B. A B-1 business visitor visa lets you scout and negotiate but not work. Which one fits depends on four facts: your nationality, your budget, whether you already own a company abroad, and whether you need a green card.

U.S. investor and business visas compared

Visa	Who qualifies	Investment	Green card	Spouse can work	Duration	Typical processing
E-2 Treaty Investor	Nationals of E-2 treaty countries investing in a business they develop and direct	No fixed minimum; substantial and proportional	No (separate route needed)	Yes (E-2S)	Up to 2 years per entry; renewable with no limit	Weeks to months at a consulate
E-1 Treaty Trader	Treaty nationals with existing substantial trade, over 50% with the treaty country	None	No	Yes (E-1S)	Up to 2 years per entry; renewable	Weeks to months at a consulate
EB-5 Immigrant Investor	Any nationality	$800,000 (TEA or infrastructure) or $1,050,000; 10 jobs	Yes, conditional for 2 years then permanent	Yes	Permanent	Usually years; depends on category and visa bulletin
L-1A Intracompany Transferee	Managers or executives with 1 year at a related foreign company in the last 3	No personal threshold; company funds the U.S. office	Via EB-1C	Yes (L-2S)	1 year for a new office; 7 years maximum	Months; premium processing available
O-1A Extraordinary Ability	People with sustained national or international acclaim	None	Not directly (EB-1A is the related green card)	No (O-3)	Up to 3 years, then 1-year extensions	Months; premium processing available
EB-2 NIW	Advanced degree or exceptional ability, with a project in the national interest	None	Yes	Yes, once adjustment is pending	Permanent	Usually a year or more, plus visa bulletin wait
H-1B	Specialty occupation with a bachelor’s degree or equivalent	None	Not directly; dual intent allowed	No, except limited H-4 cases	Up to 6 years	Annual cap lottery
B-1 Business Visitor	Visitors for meetings, negotiations, site visits	None	No	No	Short visits	Varies by consulate

E-2 treaty investor: the most used founder visa for treaty nationals

The E-2 lets a national of a treaty country live in the U.S. while developing and directing a business in which he or she has invested a substantial amount. There is no minimum in law. The Foreign Affairs Manual (9 FAM 402.9-6(D)) uses a proportionality test, and the business must be real, operating and more than marginal. The State Department issued 55,324 E-2 visas in fiscal year 2024, including employees and family members.

Strengths: lower capital, a direct consular route, spouse work rights and renewals with no limit. Limits: treaty nationality, no green card on its own, and work only for your business. Start with the E-2 visa guide and the treaty countries list.

E-1 treaty trader

The E-1 is for treaty nationals whose business already trades substantially with the U.S., with more than half of its international trade between the U.S. and the treaty country. It needs no investment, but it cannot be based on a new business without trade. See E-1 vs E-2.

EB-5 immigrant investor

The EB-5 gives a green card to investors of any nationality who invest $1,050,000, or $800,000 in a targeted employment area or infrastructure project, and create 10 full-time jobs per investor. Investors can invest through a regional center and stay passive. The investment and processing time are the trade-offs, and nationals of China and India face longer waits in unreserved categories. See E-2 vs EB-5.

L-1A intracompany transferee

The L-1A lets a company abroad send a manager or executive to open or run a related U.S. office. The person must have worked for the foreign company for at least one continuous year in the last three. New offices get one-year first approvals and must then show growth. The L-1A leads to the EB-1C green card. See L-1 vs E-2.

O-1A extraordinary ability

The O-1A is for founders and executives with a record of sustained acclaim, shown through criteria such as awards, press coverage, high pay, critical roles or significant contributions. A U.S. employer or agent must petition, and a founder’s own U.S. company can be the petitioner. There is no investment requirement. Spouses in O-3 status cannot work.

EB-2 national interest waiver

The EB-2 NIW is a green card for people with an advanced degree or exceptional ability whose proposed work has substantial merit and national importance, under the three-part test in Matter of Dhanasar (2016). Entrepreneurs can self-petition with a well-documented venture. No investment is required, but EB-2 has visa bulletin waits for many countries.

H-1B for founders

A founder’s own U.S. company can file an H-1B petition, and a 2024 rule clarified that beneficiaries with a controlling interest can qualify, with shorter approval periods. The role must be a specialty occupation, petitions go through the annual cap lottery, and a September 2025 presidential proclamation added a large payment for many new petitions for workers outside the U.S. For most investors the H-1B is a poor primary route.

B-1 business visitor

A B-1 visa, or ESTA for Visa Waiver Program nationals, allows meetings, negotiations, conferences and research trips, such as visiting businesses for sale or meeting landlords. It does not allow productive work, running the business or being paid from U.S. sources. Many E-2 investors make one or two B-1 trips before applying.

Decision tree

1. Are you a national of an E-2 or E-1 treaty country?
   • Yes, and you want to run your own U.S. business: start with the E-2. If your business already trades mainly with your country, compare the E-1.
   • No: skip to step 2. A second citizenship can open the E-2 only if you meet the three-year domicile rule for citizenship by investment.
2. Do you need a green card, and can you invest $800,000 or more? If yes, consider the EB-5, alone or after an E-2.
3. Do you own or work for an operating company abroad, as a manager or executive for at least a year? If yes, look at the L-1A, which leads to EB-1C.
4. Do you have an exceptional record (awards, press, patents, high pay, leading roles)? Consider the O-1A for speed or the EB-2 NIW for a green card.
5. Are you an employee-type professional with a job offer? The H-1B may apply, subject to the lottery.
6. Just exploring? Use a B-1 or ESTA trip to research, then apply for the right work status before you start operating.

Which options suit treaty and non-treaty nationals

Your nationality	Realistic options
E-2 treaty country (for example Japan, Korea, Canada, UK, Germany, Mexico, Turkey, Israel)	E-2 first; E-1 if trade-based; EB-5 for a green card; L-1A if you have a foreign company
E-1 only (Brunei, Greece)	E-1; L-1A; EB-5; O-1; EB-2 NIW
Non-treaty country (for example India, mainland China, Brazil, Russia, Vietnam, Nigeria)	EB-5; L-1A; O-1; EB-2 NIW; E-2 only through a qualifying second citizenship

See the country guides for India and countries not eligible for the E-2.

A note on new programs

A “Gold Card” program created by a September 2025 executive order links a large payment to the U.S. government with existing EB-1 and EB-2 green card categories. Its terms and legal footing have been changing, so treat any summary, including this one, as provisional and ask an immigration attorney for the current position before planning around it.

Next steps

If you are a treaty national, the E-2 is usually the place to start. Check your profile with the E-2 eligibility checker, estimate a proportional budget with the investment calculator, and book a consultation. We build the business and the business plan, and independent immigration attorneys advise on the visa category and file.