Invest in the United States

You'll need to satisfy both business formation rules and immigration requirements when investing in the United States. USCIS reviews your petition, and you must file the correct form for the benefit you seek.

Each visa category sets its own obligations tied to your business, your background, and your funds.

Investment and Job Creation

For the [EB-5 Immigrant Investor Visa](/en/united-states/visas/EB-5 visa), you must show you've invested in a U.S. commercial enterprise and that your investment will create or preserve 10 permanent full-time jobs for qualified U.S. workers. You'll need to submit evidence of your investment and a detailed job creation plan.

Document how you obtained your investment funds. This typically includes personal income tax returns for you and your spouse, if applicable, covering at least the last seven years during which the funds were accumulated.

For the [E-2 Treaty Investor Visa](/en/united-states/visas/E-2 visa) or [E-1 Treaty Trader Visa](/en/united-states/visas/E-1 visa), you must show qualifying business activity that fits your visa category. Depending on where you apply, your documentation will be reviewed by either USCIS or the U.S. Department of State.

Petition Documentation Standards

USCIS expects complete and accurate filings.

You must:

• File the correct petition form for your classification
• Include exact photocopies of original, unaltered documents
• Provide full English translations for any documents in another language
• Ensure all signatures are valid and properly executed
• Submit all required filing fees in the correct amount

Credit card payments can be authorized using Form G-1450; for bank account payments, use Form G-1650.

If you're seeking classification as an alien of exceptional ability with a National Interest Waiver (NIW) under section 203(b)(2)(B) of the Immigration and Nationality Act, include an uncertified Form ETA-9089 with supporting evidence.

Personal and Compliance Requirements

Provide your full legal name as it appears on your birth certificate, unless changed by marriage, divorce, or court order. Include your education history, Social Security number if you have one, and a 20-year employment history. Disclose any government or military service at any point.

Biometric services attendance may be required.

If you engage in a U.S. trade or business or receive certain U.S.-source income, you must file U.S. tax returns. Nonresident aliens with a U.S. trade or business must file a return; resident aliens for tax purposes must file Form 1040 using the correct filing status.

You need to align your investment approach with the correct immigration pathway and follow the required filing sequence. USCIS handles petitions, while the U.S. Department of State manages visa interviews and issuance overseas.

Missing a filing or payment will delay your case.

Step‑by‑Step Filing Framework

Confirm Your Visa Category

Decide whether you're pursuing a nonimmigrant option like the E-1 Treaty Trader Visa) or E-2 Treaty Investor Visa), or an immigrant option such as the EB-5 Immigrant Investor Visa). Immigrant investors may file Form I-526 (Immigrant Petition by Standalone Investor), with current processing times of about 30.5 to 32 months, depending on the USCIS service center.

Register and Prepare the Required Petition

Some investor programs require prior online registration and confirmation before filing. For example, Form I-140G is used under the Gold Card Program and requires a $1 million gift per person listed, including spouse or children. Complete and electronically sign the petition as required.

Create and Use Your USCIS Online Account

File Form I-140G through a USCIS online account after upload authorization. For paper filings of other forms, include a separate payment form on top of each application package.

USCIS Adjudication

USCIS reviews your petition for eligibility. Processing times vary by form and classification; refer to USCIS processing times for current estimates.

Consular Processing (If Abroad)

After petition approval and visa number availability, complete consular processing through the U.S. Department of State. Submit Form DS-160 and attend an interview.

Current DS-160 processing ranges (as of February 2026):

Processing times can vary by location and category. Timing should be confirmed with the issuing authority.

Documentation and Compliance

Prepare:

• Proof of identity and nationality
• Evidence of your investment enterprise or financial contribution
• Information about your investment intent
• Preparer details if anyone helped you

Tax rules in the U.S. are complex. Resident and nonresident alien status affects your filing obligations, taxpayer identification number, and possible exemptions. Review IRS guidance before investing or relocating.

USCIS decides if your petition qualifies. A consular officer determines visa eligibility, and U.S. Customs and Border Protection decides admission at entry.

You must document exactly where your investment funds came from. USCIS expects full bank records showing the accumulation and path of funds for at least the last five years.

Omitting statements, failing to explain large deposits, or submitting partial records can delay or result in denial. This frequently affects EB-5 Immigrant Investor Visa) applicants and sometimes E-2 Treaty Investor Visa) cases.

Prepare a clear paper trail before filing. Gaps raise questions you may not want to answer later.

Weak or Missing Job Creation Evidence

For the EB-5 Immigrant Investor Visa, you must present credible evidence of your job creation plan. General promises or informal projections aren't enough.

USCIS looks for business plans that show how jobs will be created. Without clear documentation, your petition can be denied even if your funds are lawful.

You must also pay the required fee for Form I-140G. Confirm the current amount with USCIS before filing.

Failure to Update Your Address

Notify USCIS if you change your address within the required timeframe. Many investors overlook this.

Missed notices can lead to denied applications or abandoned petitions. USCIS sends official correspondence to the last address on file.

Visa Category Confusion

Some investors apply under the wrong classification. The E-1 Treaty Trader Visa), E-2 Treaty Investor Visa, and EB-5 Immigrant Investor Visa have different standards.

Don't assume eligibility for one visa because you qualify for another. Review the requirements for your chosen category with USCIS and, for visa issuance, with the U.S. Department of State.

Payment and Filing Errors

Some filings require payment methods issued by a U.S. bank, such as credit, debit, or prepaid cards. Using an ineligible payment method can get your filing rejected.

If you're applying under the Gold Card program under Executive Order 14351, make sure you meet all criteria before filing.

Tax and Income Issues

If you're not a U.S. citizen, you're considered an alien for tax purposes. Address any U.S. income where tax liability hasn't been satisfied through withholding at the source.

Unresolved tax issues can complicate your immigration process. Review your filings carefully before submitting investment-based petitions.

Errors in documentation, payment, tax compliance, or visa selection can delay your case for months. Preparation is key.

You can structure your investment to support long-term residence in the United States. The path depends on the visa you choose and how you maintain compliance with U.S. immigration rules.

U.S. Citizenship and Immigration Services (USCIS) reviews petitions and applications for immigration benefits. The U.S. Department of State issues visas abroad, and U.S. Customs and Border Protection decides admission at entry.

Temporary investor classifications such as the E-1 Treaty Trader Visa) and E-2 Treaty Investor Visa) let you live and operate a qualifying business in the United States. These visas don’t automatically grant permanent residence.

The EB-5 Immigrant Investor Visa) is an immigrant category. It can lead to lawful permanent resident status if you meet all statutory requirements.

Choosing the Right Framework

If you enter as an E-2 treaty investor, your enterprise must have the present or near-term capacity to generate income. USCIS expects the business to produce sufficient income within five years from the start of your E-2 classification.

You’ll need to document:

• Your nationality or citizenship
• Whether you are stateless, with a clear explanation
• Information about the principal beneficiary
• Employment details tied to the petition
• Certifications from any interpreter or preparer, if used

Only provide the documents requested in the form instructions. Submitting original documents when they’re not required risks permanent loss or destruction.

Immigration Status Considerations

Your tax and immigration status both affect long-term planning. A nonresident alien is someone who hasn’t met the green card test or the substantial presence test.

Permanent residence changes that classification. The timing of your investment and immigration filings matters.

Certain applicants may qualify for limited fee exemptions under specific settlement classes. Eligibility categories are narrowly defined and can be reviewed directly through USCIS before filing.

Working With USCIS

Follow this sequence when pursuing permanent residence:

1. Confirm Eligibility – Review the statutory requirements for your chosen category on the USCIS website and make sure your business structure lines up with those rules.

2. Prepare Complete Filings – Include all required biographical data, certifications, and supporting evidence. Don’t skip citizenship or employment information.

3. Respond to Agency Requests – If USCIS issues a request for evidence, respond fully and within the stated deadline.

4. Maintain Compliance – Continue operating your enterprise according to the terms of your approved classification while your case is pending.

USCIS adjudicates petitions according to governing law and applicable court decisions. Keep your filings consistent with those standards throughout the process.