Nonimmigrant visa

Green card

Treaty Investors

National Interest Waiver

Executives, Managers, Essential employees

Entrepreneurs, Researchers, Physicians, Industry experts, Innovators, STEM professionals

• 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.

• 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.

• 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.

• 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.

• 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 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.

Required

Not required

5 years¹

Permanent residency

Indefinitely, in 5-year increments²

Every 10 years

2-4 months

24-30 months¹

15 business days³

45 business days

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.