Nonimmigrant visa

Green card

Treaty Investors

Advanced Degree or Exceptional Ability

Executives, Managers, Essential employees

Physicians, Engineers, Business analysts, IT professionals, Scientists, Professors and teachers, Physical therapists, Lawyers, Pharmacists

• 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.

• 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.

• 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.

• Straightforward process with clear requirements.

• Highly flexible, applicable to almost any job that requires an advanced degree or aligns with the exceptional ability criteria.

• 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.

• 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.

Required

Required

5 years¹

Permanent residency

Indefinitely, in 5-year increments²

Every 10 years

2-4 months

Three stages, totaling about 36-48 months¹

15 business days³

15 business days²

Yes

Yes

^{1, 2}Shorter 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 one stage of the process, with minimal impact on the overall processing time.