If you already own or manage a business outside the United States, you may not need EB-5 at all.
EB-5 requires placing $800,000 to $1,050,000 at risk, creating ten full-time American jobs, and living for two years on a conditional green card before filing Form I-829 to prove the jobs materialized and have your conditions removed.
The EB-1C multinational manager or executive category has no investment minimum whatsoever, and there is no conditional period — once the green card is approved, it is permanent. Nothing to remove. Nothing to prove again two years later.
For an established business owner, that is not a close comparison.
The core difference
| EB-5 Investor | EB-1C Multinational Manager / Executive | |
|---|---|---|
| Minimum capital | $800,000 (targeted employment area) or $1,050,000 standard | No investment minimum |
| Capital at risk? | Yes — must remain at risk throughout | Not applicable |
| Job creation | Must create 10 full-time U.S. jobs | No fixed numerical requirement |
| Conditional residence | Yes — 2 years, then Form I-829 | None. Permanent on approval |
| Who files | You self-petition (Form I-526E) | Your U.S. company petitions (Form I-140) |
| Core requirement | The investment | One year employed abroad as a manager or executive, within the preceding three years, by a qualifying related company |
| Requires an existing business? | No | Yes — a qualifying foreign entity and a related U.S. entity |
The trade-off in one line: EB-5 buys your way in without needing a company. EB-1C uses the company you already built, without needing the money.
Start with one question
Do you already own or manage a business outside the United States?
If yes, your path almost certainly runs through L-1A and EB-1C rather than EB-5 — continue below.
If no — you have capital but no operating company, or you are a passive investor — EB-5 may genuinely be the right category for you, and we say so plainly further down this page.
If you own a business abroad, start with the L-1A
The L-1A intracompany transferee visa lets a company outside the United States transfer an executive or manager into a related U.S. entity — a parent, subsidiary, affiliate or branch.
What it requires:
- You worked for the qualifying foreign company for at least one continuous year within the preceding three years, in a managerial or executive role
- The U.S. and foreign entities have a qualifying corporate relationship
- You are coming to fill a managerial or executive position in the U.S.
Why it matters so much: L-1A can be used to open a new U.S. office. You do not need an established American company first — you build one. New-office L-1A is normally granted for an initial year, then extended as the U.S. operation develops.
And this is the part most people miss: the L-1A requirements and the EB-1C requirements are closely aligned. An executive who qualifies for L-1A today is frequently building the exact record EB-1C requires. The L-1A years are not a detour — they are the foundation of the green card petition.
The sequence
- L-1A — transfer in as an executive or manager, or open a new U.S. office
- Build the U.S. entity — EB-1C requires the U.S. company to have been doing business for at least one year
- EB-1C — the U.S. company petitions for your permanent residence
- Permanent green card — with no conditional period and no I-829
No $800,000. No capital at risk. No two-year conditional status.
If your country has an E-2 treaty, that is often the fastest way in
The E-2 treaty investor visa is available to nationals of countries that hold a qualifying commerce and navigation treaty with the United States. It requires a substantial investment in a real, operating enterprise — but there is no fixed dollar threshold, and it is frequently a fraction of EB-5.
E-2 is renewable, in principle indefinitely, for as long as the business genuinely operates.
Two things to understand about E-2:
It is not a green card, and it does not lead directly to one. E-2 is a nonimmigrant status. It does not carry dual intent the way L-1A does. Many clients hold E-2 for years very comfortably; others eventually move to an immigrant category, which requires separate planning.
Your nationality decides whether it exists for you at all. Treaty countries include Singapore, Taiwan, Japan, South Korea, Mexico, Canada and most of Europe. China, India, Vietnam and Brazil are among the countries with no E-2 treaty. For nationals of those countries, E-2 is not on the table — which is precisely why L-1A followed by EB-1C is so often the right structure. It depends on your company, not your passport.
If you have exceptional credentials rather than a company: EB-2 National Interest Waiver
The EB-2 National Interest Waiver allows certain individuals to self-petition for a green card with no employer sponsor and no investment — where the work has substantial merit and national importance, you are well positioned to advance it, and it benefits the United States to waive the normal job-offer and labor-certification requirements.
NIW suits founders, researchers, and specialists with a demonstrable record. It suits passive investors poorly.
When EB-5 genuinely is the right answer
We would rather tell you this plainly than steer you.
EB-5 remains the correct category when:
- You have no company outside the United States and no managerial history to build on
- You are a passive investor who does not intend to run a U.S. business day to day
- You cannot meet the one-year managerial or executive employment requirement for L-1A or EB-1C
- You are not a national of an E-2 treaty country and have no qualifying corporate structure
- Your priority-date position makes EB-5 more favorable than the alternatives — this varies by country of birth and changes monthly with the Visa Bulletin, so it should be checked against your specific facts
EB-5 is a legitimate and valuable category. It is simply the most expensive way to accomplish something that many business owners can accomplish for far less.
How we help
The Law Offices of Brian D. Lerner handles business and investment immigration nationwide. Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization) and has practiced immigration law for over 30 years, licensed in California, Texas and Michigan.
A consultation on this question is genuinely diagnostic. We look at your corporate structure, your role and employment history, your nationality, your country of birth for priority-date purposes, and your timeline — and tell you which category actually fits.
Schedule a consultation or call (562) 495-0554.
Frequently asked questions
Is EB-1C really cheaper than EB-5?
There is no investment requirement for EB-1C, so the capital difference is the entire EB-5 minimum — $800,000 or more. You still bear legal and corporate costs of establishing and operating the U.S. entity, but you are building a business you own rather than placing capital at risk in someone else’s project.
Can I move from L-1A to EB-1C?
This is one of the most common paths in business immigration. The categories share their core managerial and executive requirements, and L-1A carries dual intent, so pursuing permanent residence while in L-1A status does not undermine your nonimmigrant status. The U.S. entity generally must have been doing business for at least a year before the EB-1C petition.
I am a Chinese national. Can I get an E-2 visa?
No. China has no E-2 treaty with the United States, so Chinese nationals are not eligible regardless of investment size. Taiwan does have a qualifying arrangement. For nationals of China, India, Vietnam and other non-treaty countries who own businesses, L-1A and EB-1C are the practical route, because those categories depend on your corporate structure rather than your nationality.
Does EB-1C have a conditional green card like EB-5?
No. EB-5 grants conditional residence for two years and requires Form I-829 to remove the conditions. EB-1C grants permanent residence on approval, with no conditional period and no removal-of-conditions filing.
How long must my company operate before I can file EB-1C?
The U.S. entity must generally have been doing business for at least one year before the EB-1C petition. This is a common reason to enter on L-1A first and file EB-1C once the U.S. operation is established.