Someone arriving with capital chooses among paths of different natures. On one side, the treaty visa, temporary and renewable without limit, which depends on your nationality. On the other, the investment green card, which depends on the amount invested, the lawful origin of the money and job creation. They are different tests, and choosing the right one at the start is worth more than any effort later.
E-1 and E-2: the treaty visa
For trading or investing under a treaty between the United States and your country of nationality. For those on the list, it is one of the best opportunities in the American system: no lottery, no annual cap, no queue, and no need for a company to hire you. The State Department's list is broad, and eligibility is measured by any passport you hold, which makes a second citizenship a common route. The full page carries the list, the definitions that decide the case, the time limits and the spouse's ability to work.
EB-5: the green card for investment that creates jobs
It requires capital at risk in a business that creates at least ten full-time jobs: $1,050,000, or $800,000 in a targeted area or infrastructure, through the direct route or a regional center. There is a near date that changes the calculation for anyone deciding: filing by 30 September 2026 brings the protection of the 2022 statute even if Congress does not renew the regional center program in 2027.
The full page covers the amounts and the 2027 adjustment, the job count, proof of the source of funds with seven years of tax records, the controls created by the 2022 reform, the reserved visas, residence that begins as conditional, and the warning about the outdated regulation that misleads anyone researching alone. On investment matters, our work is limited to immigration: we do not provide investment or securities advice.
Gold Card: the program created by executive order
Executive Order 14351, of September 2025, created the Gold Card: a one-million-dollar donation to the Department of Commerce treated as evidence that the person qualifies under categories that already exist, the EB-1 and the EB-2. It is not a new visa category, it does not change your place in the queue, and it is being challenged in court. The full page examines the order's design, the fees, the state of the case with dates, and the reasons, drawn from the official sources themselves, to treat the program as legally unstable.
Legal basis
- E-1 and E-2: INA § 101(a)(15)(E); 8 C.F.R. § 214.2(e); 9 FAM 402.9; the State Department's Treaty Countries table. Details on the full page.
- EB-5: INA § 203(b)(5), as amended by the Reform and Integrity Act of 2022, and § 216A; USCIS Policy Manual, volume 6, part G. Details on the full page.
- Gold Card: Executive Order 14351 (90 FR 46031); notices for the dedicated form at 91 FR 11559 and 91 FR 32074; the official portal; American Association of University Professors v. DHS, No. 1:26-cv-00300. Details on the full page.
Verified 24 August 2026. All three routes link to their own pages, each verified against full sources: E-1 and E-2 on 22 Aug 2026, EB-5 and the Gold Card on 24 Aug 2026. The Gold Card is the subject of pending litigation, and investment programs have been changing frequently: confirm the current state before acting.
General informational content. It is not legal advice and does not create an attorney-client relationship. Immigration rules change frequently and may be enjoined by a court. Before acting, confirm that the rule is in force and consult an attorney about your own circumstances.