E-2 Employee

VS

EB-1A

Nonimmigrant visa

Green card

Treaty Investors

Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics

Executives, Managers, Essential employees

Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists

  • You and at least 50% of the business owners must be nationals of the same treaty country.

  • The business must be profitable and ideally create at least one U.S. job within the first five years.

  • Your role must be executive, managerial, or otherwise essential for the business’ successful operation, and not easily filled by recruitment within the U.S.

  • Demonstrate sustained extraordinary achievement in your field with at least 3 of 10 types of required evidence, such as receiving prestigious awards, being featured in media or professional publications, earning a high remuneration relative to your peers, or holding a critical or relevant role in a distinguished organization or project.

  • Continue working in your area of extraordinary ability in the U.S.

  • Renewable indefinitely, enabling long-term business opportunities in the U.S.

  • Typically has a lower eligibility bar for executives, managers, and essential employees compared to L-1 visa applications for similar positions.

  • Unlike the L-1 visa, it does not require the existence of an affiliate entity in the country of origin.

  • Can be used for new hires, as it does not require 1+ year of prior employment within the same corporate group.

  • Provides complete flexibility to work, live, and study in the U.S.

  • Does not require employer sponsorship, offering significant independence.

  • No labor certification is required, simplifying the application process.

  • Offers the fastest pathway to a green card among EB categories.

  • Direct path to citizenship after 5 years.

  • Requires a substantial upfront investment, with funds at risk (there’s no hard minimum, but typically more than USD $100,000).

  • Some consulates have long wait times for E-2 application interviews.

  • Requires committing investment funds before receiving approval.

  • Renewal for essential employees may be challenging.

  • High standard to demonstrate extraordinary ability.

Required

Not required

5 years1

Permanent

Indefinitely, in 5-year increments2

Every 10 years

2-4 months

10-24 months1

15 business days3

15 business days2

Yes

Yes

1, 2Shorter for some nationalities.

3Available only for change of status, not for consular processing

1Applicants from India, China, or Mexico may experience longer wait times.

2Available only for the first stage of the process, while the second stage typically takes an additional 9-18 months.

E-2 Employee

EB-1A

E-2 Employee

Nonimmigrant visa

EB-1A

Green card

E-2 Employee

Treaty Investors

EB-1A

Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics

E-2 Employee

Executives, Managers, Essential employees

EB-1A

Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists

E-2 Employee

  • You and at least 50% of the business owners must be nationals of the same treaty country.

  • The business must be profitable and ideally create at least one U.S. job within the first five years.

  • Your role must be executive, managerial, or otherwise essential for the business’ successful operation, and not easily filled by recruitment within the U.S.

EB-1A

  • Demonstrate sustained extraordinary achievement in your field with at least 3 of 10 types of required evidence, such as receiving prestigious awards, being featured in media or professional publications, earning a high remuneration relative to your peers, or holding a critical or relevant role in a distinguished organization or project.

  • Continue working in your area of extraordinary ability in the U.S.

E-2 Employee

  • Renewable indefinitely, enabling long-term business opportunities in the U.S.

  • Typically has a lower eligibility bar for executives, managers, and essential employees compared to L-1 visa applications for similar positions.

  • Unlike the L-1 visa, it does not require the existence of an affiliate entity in the country of origin.

  • Can be used for new hires, as it does not require 1+ year of prior employment within the same corporate group.

EB-1A

  • Provides complete flexibility to work, live, and study in the U.S.

  • Does not require employer sponsorship, offering significant independence.

  • No labor certification is required, simplifying the application process.

  • Offers the fastest pathway to a green card among EB categories.

  • Direct path to citizenship after 5 years.

E-2 Employee

  • Requires a substantial upfront investment, with funds at risk (there’s no hard minimum, but typically more than USD $100,000).

  • Some consulates have long wait times for E-2 application interviews.

  • Requires committing investment funds before receiving approval.

  • Renewal for essential employees may be challenging.

EB-1A

  • High standard to demonstrate extraordinary ability.

E-2 Employee

Required

EB-1A

Not required

E-2 Employee

5 years1

EB-1A

Permanent

E-2 Employee

Indefinitely, in 5-year increments2

EB-1A

Every 10 years

E-2 Employee

2-4 months

EB-1A

10-24 months1

E-2 Employee

15 business days3

EB-1A

15 business days2

E-2 Employee

Yes

EB-1A

Yes

E-2 Employee

1, 2Shorter for some nationalities.

3Available only for change of status, not for consular processing

EB-1A

1Applicants from India, China, or Mexico may experience longer wait times.

2Available only for the first stage of the process, while the second stage typically takes an additional 9-18 months.

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