E-2, L-1 and EB-5 Investment Requirements

The proportionality test compares qualifying investment with the cost of the business.

E-2 has no fixed statutory dollar minimum. The investment must instead be substantial in relation to the total cost of purchasing or creating the particular enterprise and sufficient to show a real financial commitment to success. Lower cost businesses can therefore qualify when the investor has committed a high proportion of the amount reasonably needed to make that business operational. The analysis also asks whether the funds are genuinely committed and whether the enterprise is real, active, and capable of more than marginal activity.

No fixed capital amount establishes L-1 eligibility.

L-1 is not an investment classification and does not become approvable merely because a company receives a particular amount of capital. Eligibility depends on the qualifying relationship between the US and foreign organizations, qualifying foreign employment, and the proposed L-1 role. Capital can still be relevant as evidence that a US operation is real and financially viable, especially for a new office, but there is no statutory L-1 investment threshold comparable to the minimum amount Congress established for EB-5.

USCIS examines investment size and foreign-entity financial ability.

For an L-1 new office, capitalization matters because USCIS examines whether the new US operation can realistically commence doing business and, for L-1A, develop within one year to support a managerial or executive position. Evidence can include the size of the US investment, the foreign entity's financial ability, financial goals, premises, staffing plans, and organizational structure. The appropriate amount therefore depends on the actual business plan rather than a universal minimum dollar figure.

The applicable amount depends on project classification and filing date.

EB-5 uses fixed statutory investment thresholds. For petitions filed in 2026, the general minimum is $1,050,000, reduced to $800,000 for a qualifying targeted employment area or infrastructure investment under the current statute. Meeting the dollar amount is only one element. The investor must also establish lawful source and path, a qualifying investment in a new commercial enterprise, required management participation, and the applicable job creation requirements. The lower amount should not be assumed without confirming that the investment qualifies.

EB-5 administrative fees generally do not simply count toward the statutory investment amount.

Business acquisition costs, professional expenses, regional center charges, and administrative fees should not automatically be treated as part of the EB-5 statutory investment amount. The qualifying capital contribution and separate transaction expenses need to be identified accurately in the offering and banking record. Fees can also require their own lawful source documentation even when paid from a different source than the principal investment. For E-2, qualifying committed business expenditures are analyzed under the substantial investment framework.

A smaller owner-operated business can potentially fit E-2. EB-5 requires substantially greater statutory capital and job creation.

Available capital is only one part of category selection. A lower cost owner operated enterprise may fit E-2 when treaty nationality, control, substantiality, and nonmarginality are satisfied. L-1 may fit a properly structured multinational expansion without a statutory investment amount. EB-5 requires substantially more qualifying capital but offers an immigrant path when all statutory requirements are met. The comparison should also consider nationality, foreign business history, desired role, available funds, hiring capacity, source documentation, and the immigration result sought.