E-2 Employee
VS
EB-3
Type
Nonimmigrant visa
Green card
Description
Treaty Investors
Skilled Workers, Professionals, and Other Workers
Profiles that typically qualify
Executives, Managers, Essential employees
Almost any worker
Requirements
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.
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
Pros
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 aligns with your experience or qualifications based on its minimum requirements.
Cons
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.
Sponsorship
Required
Required
Validity period
5 years1
Permanent residency
Renewable
Indefinitely, in 5-year increments2
Every 10 years
Without premium processing
2-4 months
Three stages, totaling about 36-48 months1
With premium processing
15 business days3
15 business days2
Can spouse work
Yes
Yes
Disclaimers
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 one stage of the process, with minimal impact on the overall processing time.
Type
E-2 Employee
Nonimmigrant visa
EB-3
Green card
Description
E-2 Employee
Treaty Investors
EB-3
Skilled Workers, Professionals, and Other Workers
Profiles that typically qualify
E-2 Employee
Executives, Managers, Essential employees
EB-3
Almost any worker
Requirements
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-3
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
Pros
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-3
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 aligns with your experience or qualifications based on its minimum requirements.
Cons
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-3
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.
Sponsorship
E-2 Employee
Required
EB-3
Required
Validity period
E-2 Employee
5 years1
EB-3
Permanent residency
Renewable
E-2 Employee
Indefinitely, in 5-year increments2
EB-3
Every 10 years
Without premium processing
E-2 Employee
2-4 months
EB-3
Three stages, totaling about 36-48 months1
With premium processing
E-2 Employee
15 business days3
EB-3
15 business days2
Can spouse work
E-2 Employee
Yes
EB-3
Yes
Disclaimers
E-2 Employee
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing
EB-3
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.