E-1
VS
EB-2
Type
Nonimmigrant visa
Green card
Description
Treaty Traders
Advanced Degree or Exceptional Ability
Profiles that typically qualify
International traders, Export managers, Import managers, Trade specialists, International marketing managers, International sales managers, Commodities traders, Shipping coordinators
Physicians, Engineers, Business analysts, IT professionals, Scientists, Professors and teachers, Physical therapists, Lawyers, Pharmacists
Requirements
Both you and the trading firm must be nationals of a treaty country.
Your primary purpose for entering the U.S. must be to engage in substantial trade activities between the U.S. and the treaty country.
Over 50% of the company's international trade must occur between the U.S. and the treaty country.
Trade with the U.S. must be significant and ongoing.
You must hold an executive, supervisory, or essential role within the company.
You must hold an advanced degree (master's or higher), possess a bachelor's degree plus five years of progressive work experience, or demonstrate exceptional ability in your field by showing at least 3 of 6 requirements, such as maintaining membership in professional associations and earning recognition for your contributions to your industry from peers or professional organizations.
A job offer and labor certification (PERM) are required, proving that no qualified U.S. workers are available for the position.
Pros
Enables businesspersons from treaty countries engaged in substantial trade with the U.S. to relocate themselves or key staff to the U.S.
Renewable indefinitely, offering long-term business and residence opportunities in the U.S.
Spouses can obtain work authorization, improving family well-being and financial flexibility.
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that requires an advanced degree or aligns with the exceptional ability criteria.
Cons
Requires extensive documentation to prove substantial trade activities.
Trade must primarily occur between the U.S. and the treaty country, which could limit expansion opportunities into other markets.
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
Sponsorship
Not required in the traditional sense
Required
Validity period
2 years
Permanent residency
Renewable
Indefinitely, in 2-year increments
Every 10 years
Without premium processing
4-6 months
Three stages, totaling about 36-48 months1
With premium processing
15 business days
15 business days2
Can spouse work
Yes
Yes
Disclaimers
-
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.
Type
E-1
Nonimmigrant visa
EB-2
Green card
Description
E-1
Treaty Traders
EB-2
Advanced Degree or Exceptional Ability
Profiles that typically qualify
E-1
International traders, Export managers, Import managers, Trade specialists, International marketing managers, International sales managers, Commodities traders, Shipping coordinators
EB-2
Physicians, Engineers, Business analysts, IT professionals, Scientists, Professors and teachers, Physical therapists, Lawyers, Pharmacists
Requirements
E-1
Both you and the trading firm must be nationals of a treaty country.
Your primary purpose for entering the U.S. must be to engage in substantial trade activities between the U.S. and the treaty country.
Over 50% of the company's international trade must occur between the U.S. and the treaty country.
Trade with the U.S. must be significant and ongoing.
You must hold an executive, supervisory, or essential role within the company.
EB-2
You must hold an advanced degree (master's or higher), possess a bachelor's degree plus five years of progressive work experience, or demonstrate exceptional ability in your field by showing at least 3 of 6 requirements, such as maintaining membership in professional associations and earning recognition for your contributions to your industry from peers or professional organizations.
A job offer and labor certification (PERM) are required, proving that no qualified U.S. workers are available for the position.
Pros
E-1
Enables businesspersons from treaty countries engaged in substantial trade with the U.S. to relocate themselves or key staff to the U.S.
Renewable indefinitely, offering long-term business and residence opportunities in the U.S.
Spouses can obtain work authorization, improving family well-being and financial flexibility.
EB-2
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that requires an advanced degree or aligns with the exceptional ability criteria.
Cons
E-1
Requires extensive documentation to prove substantial trade activities.
Trade must primarily occur between the U.S. and the treaty country, which could limit expansion opportunities into other markets.
EB-2
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
Sponsorship
E-1
Not required in the traditional sense
EB-2
Required
Validity period
E-1
2 years
EB-2
Permanent residency
Renewable
E-1
Indefinitely, in 2-year increments
EB-2
Every 10 years
Without premium processing
E-1
4-6 months
EB-2
Three stages, totaling about 36-48 months1
With premium processing
E-1
15 business days
EB-2
15 business days2
Can spouse work
E-1
Yes
EB-2
Yes
Disclaimers
E-1
-
EB-2
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.