U.S. Visas for European Investors: E-2 vs EB-5 Compared

U.S. Investment Visas for European Investors in 2026

For investors residing in the Netherlands, Germany, France, and across the European Union, the United States offers two primary investment-based immigration pathways: the E-2 Treaty Investor Visa (non-immigrant) and the EB-5 Immigrant Investor Green Card (permanent residency). Choosing between the two depends on your nationality, investment capacity, and long-term life goals. Visit our E-2 Treaty Investor Visa and EB-5 Investor Visa pages for full service details.

What Is the E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa is a non-immigrant U.S. visa that allows nationals of treaty countries to enter and work in the United States solely to direct and develop an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital.

Key E-2 facts for European investors:

• Nationality Requirement: Your passport must be from a country that has an active bilateral investment treaty with the United States. The Netherlands, Germany, France, Italy, Spain, and most EU member states are treaty countries.
• No Fixed Minimum Investment: Unlike EB-5, there is no statutory dollar amount for E-2. However, USCIS requires the investment to be "substantial" relative to the cost of the business, with most successful petitions involving $100,000 to $500,000.
• Active Business Requirement: The enterprise must be a real operating business — passive investment in real estate or a holding structure alone does not qualify.
• Duration: E-2 visas are issued initially for up to 5 years (depending on the treaty country) with unlimited extensions, as long as the business remains operational.
• Not a Green Card: The E-2 is a non-immigrant visa. It does not automatically lead to permanent residency. European E-2 holders who want a Green Card must apply through a separate pathway (often EB-5 or EB-1A).

What Is the EB-5 Immigrant Investor Green Card?

The EB-5 Immigrant Investor Program grants permanent U.S. residency (Green Card) to foreign nationals who invest a minimum of $800,000 in a Targeted Employment Area (TEA) Regional Center project that creates at least 10 U.S. jobs. As a permanent residency pathway, EB-5 is open to all nationalities regardless of treaty status, making it the preferred route for investors whose countries lack an E-2 treaty, or who want permanent residency rather than a temporary visa.

E-2 vs EB-5: Side-by-Side Comparison for European Investors

Feature	E-2 Treaty Investor Visa	EB-5 Immigrant Investor Green Card
Status	Temporary (Non-immigrant)	Permanent Residency (Green Card)
Nationality Restriction	Treaty countries only (most EU nations qualify)	All nationalities worldwide
Minimum Investment	No statutory amount (~$100K-$500K in practice)	$800,000 (TEA) / $1,050,000 (Non-TEA)
Business Requirement	Active real operating business required	Passive investment via Regional Center allowed
Path to Green Card	None directly — must file separately	IS the Green Card pathway
Family Coverage	E-2 spouse may work; children study	Spouse + children under 21 get full Green Cards
Processing Time	1–4 months (embassy interview)	6–18 months (USCIS + consular)
Path to Citizenship	No direct path	Eligible after 5 years of Green Card

Netherlands-Specific Considerations

The Netherlands maintains an active E-2 treaty with the United States, making Dutch nationals eligible for the E-2 visa. Dutch investors with existing U.S. business ventures or plans to launch U.S. enterprises often use the E-2 as an operational bridge visa while simultaneously building a case for EB-5 or EB-1A permanent residency.

Furthermore, the Netherlands' strong bilateral tax treaty with the United States provides Dutch-U.S. dual tax frameworks that are particularly favorable for EB-5 investors holding U.S. Green Cards who maintain European assets.

Which Visa Is Right for You as a European Investor?

Choose the E-2 Visa if you are an EU national, you have a specific U.S. business you want to operate directly, your capital commitment is under $800,000, and you do not currently require permanent residency.

Choose the EB-5 Green Card if you want permanent U.S. residency for your entire family, your nationality is not covered by an E-2 treaty, you prefer passive investment without operating a business, or you desire a direct path to U.S. citizenship after 5 years.

Many European investors pursue both: launching with an E-2 visa while their EB-5 petition is processed, then transitioning to permanent residency via EB-5 Green Card approval.

Note: Legal representation fees billed by Kostiv & Associates are independent from government filing fees and are discussed during consultation.