E-2 Employee

VS

EB-1B

Nonimmigrant visa

Green card

Treaty Investors

Outstanding Professors and Researchers

Executives, Managers, Essential employees

Professors, Researchers, Academic scholars, Senior university faculty members

  • 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 international acclaim in an academic field by meeting at least 2 of 6 required evidence criteria, such as receiving prestigious awards, authoring scholarly books or articles, or contributing original scientific or scholarly research to the field.

  • You must possess at least 3 years of experience in teaching or research.

  • You must secure a tenure-track or comparable research position in the U.S. with an employer that meets specific research capabilities.

  • You must be sponsored by a U.S. university, institution of higher education, or a private employer that employs at least 3 full-time researchers and can document achievements in an academic field.

  • The U.S. employer must demonstrate the ability to pay your salary.

  • 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.

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

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

  • Lower standard (outstanding recognition) compared to EB-1A (extraordinary ability).

  • 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.

  • Requires sponsorship and a permanent job offer, limiting flexibility.

  • Only available to candidates with high-level job offers in research or academia.

  • Rigid requirements apply to both the petitioner and the beneficiary.

Required

Required

5 years1

Permanent residency

Indefinitely, in 5-year increments2

Every 10 years

2-4 months

10-18 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 for only the first stage of the process.

E-2 Employee

EB-1B

E-2 Employee

Nonimmigrant visa

EB-1B

Green card

E-2 Employee

Treaty Investors

EB-1B

Outstanding Professors and Researchers

E-2 Employee

Executives, Managers, Essential employees

EB-1B

Professors, Researchers, Academic scholars, Senior university faculty members

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-1B

  • Demonstrate international acclaim in an academic field by meeting at least 2 of 6 required evidence criteria, such as receiving prestigious awards, authoring scholarly books or articles, or contributing original scientific or scholarly research to the field.

  • You must possess at least 3 years of experience in teaching or research.

  • You must secure a tenure-track or comparable research position in the U.S. with an employer that meets specific research capabilities.

  • You must be sponsored by a U.S. university, institution of higher education, or a private employer that employs at least 3 full-time researchers and can document achievements in an academic field.

  • The U.S. employer must demonstrate the ability to pay your salary.

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-1B

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

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

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

  • Lower standard (outstanding recognition) compared to EB-1A (extraordinary ability).

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-1B

  • Requires sponsorship and a permanent job offer, limiting flexibility.

  • Only available to candidates with high-level job offers in research or academia.

  • Rigid requirements apply to both the petitioner and the beneficiary.

E-2 Employee

Required

EB-1B

Required

E-2 Employee

5 years1

EB-1B

Permanent residency

E-2 Employee

Indefinitely, in 5-year increments2

EB-1B

Every 10 years

E-2 Employee

2-4 months

EB-1B

10-18 months1

E-2 Employee

15 business days3

EB-1B

15 business days2

E-2 Employee

Yes

EB-1B

Yes

E-2 Employee

1, 2Shorter for some nationalities.

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

EB-1B

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

2Available for only the first stage of the process.

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