E-2 Employee

VS

EB-2 NIW

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, 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.

E-2 Employee

EB-2 NIW

E-2 Employee

Nonimmigrant visa

EB-2 NIW

Green card

E-2 Employee

Treaty Investors

EB-2 NIW

National Interest Waiver

E-2 Employee

Executives, Managers, Essential employees

EB-2 NIW

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

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-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.

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-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.

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-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.

E-2 Employee

Required

EB-2 NIW

Not required

E-2 Employee

5 years1

EB-2 NIW

Permanent residency

E-2 Employee

Indefinitely, in 5-year increments2

EB-2 NIW

Every 10 years

E-2 Employee

2-4 months

EB-2 NIW

24-30 months1

E-2 Employee

15 business days3

EB-2 NIW

45 business days

E-2 Employee

Yes

EB-2 NIW

Yes

E-2 Employee

1, 2Shorter for some nationalities.

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

EB-2 NIW

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

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