E-1
VS
EB-2 NIW
Type
Nonimmigrant visa
Green card
Description
Treaty Traders
National Interest Waiver
Profiles that typically qualify
International traders, Export managers, Import managers, Trade specialists, International marketing managers, International sales managers, Commodities traders, Shipping coordinators
Entrepreneurs, Researchers, Physicians, Industry experts, Innovators, STEM professionals
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.
Demonstrate that you will work on a proposed endeavor with substantial merit and national importance, and provide evidence that you are well-positioned to advance this work.
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.
Flexible requirements, making it suitable for a variety of profiles.
Does not require employer sponsorship or a job offer, providing significant independence.
Eliminates the need for the lengthy labor certification process.
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.
Requires a high burden of proof to demonstrate both national interest and exceptional ability.
USCIS has broad discretion in deciding whether your permanent residency aligns with the national interest.
Sponsorship
Not required in the traditional sense
Not required
Validity period
2 years
Permanent residency
Renewable
Indefinitely, in 2-year increments
Every 10 years
Without premium processing
4-6 months
24-30 months1
With premium processing
15 business days
45 business days
Can spouse work
Yes
Yes
Disclaimers
-
1Applicants from India, China, or Mexico may experience longer wait times.
Type
E-1
Nonimmigrant visa
EB-2 NIW
Green card
Description
E-1
Treaty Traders
EB-2 NIW
National Interest Waiver
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 NIW
Entrepreneurs, Researchers, Physicians, Industry experts, Innovators, STEM professionals
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 NIW
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.
Demonstrate that you will work on a proposed endeavor with substantial merit and national importance, and provide evidence that you are well-positioned to advance this work.
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 NIW
Provides complete flexibility to work, live, and study in the U.S.
Flexible requirements, making it suitable for a variety of profiles.
Does not require employer sponsorship or a job offer, providing significant independence.
Eliminates the need for the lengthy labor certification process.
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 NIW
Requires a high burden of proof to demonstrate both national interest and exceptional ability.
USCIS has broad discretion in deciding whether your permanent residency aligns with the national interest.
Sponsorship
E-1
Not required in the traditional sense
EB-2 NIW
Not required
Validity period
E-1
2 years
EB-2 NIW
Permanent residency
Renewable
E-1
Indefinitely, in 2-year increments
EB-2 NIW
Every 10 years
Without premium processing
E-1
4-6 months
EB-2 NIW
24-30 months1
With premium processing
E-1
15 business days
EB-2 NIW
45 business days
Can spouse work
E-1
Yes
EB-2 NIW
Yes
Disclaimers
E-1
-
EB-2 NIW
1Applicants from India, China, or Mexico may experience longer wait times.