E-2 Employee

VS

H-1B

Nonimmigrant visa

Nonimmigrant visa

Treaty Investors

Specialty Occupations

Executives, Managers, Essential employees

Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors

  • 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 a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).

  • The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.

  • The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.

  • 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.

  • Facilitates a smooth transition to permanent residency.

  • Requires minimal applicant qualifications beyond a college degree or professional experience.

  • 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.

  • Most applications are subject to an annual lottery and a rigid application cycle (except for exempt cases).

  • Lottery acceptance rates are typically below 20%.

  • Requires employer sponsorship and a specific job offer in a specialty occupation.

  • Stricter company requirements for entrepreneurs applying under this visa.

  • Spouses and dependents do not receive work authorization.

Required

Required

5 years1

3 years

Indefinitely, in 5-year increments2

Once, 3-year extension

2-4 months

2-3 months

15 business days3

15 business days

Yes

No

1, 2Shorter for some nationalities.

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

-

E-2 Employee

H-1B

E-2 Employee

Nonimmigrant visa

H-1B

Nonimmigrant visa

E-2 Employee

Treaty Investors

H-1B

Specialty Occupations

E-2 Employee

Executives, Managers, Essential employees

H-1B

Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors

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.

H-1B

  • You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).

  • The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.

  • The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.

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.

H-1B

  • Facilitates a smooth transition to permanent residency.

  • Requires minimal applicant qualifications beyond a college degree or professional experience.

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.

H-1B

  • Most applications are subject to an annual lottery and a rigid application cycle (except for exempt cases).

  • Lottery acceptance rates are typically below 20%.

  • Requires employer sponsorship and a specific job offer in a specialty occupation.

  • Stricter company requirements for entrepreneurs applying under this visa.

  • Spouses and dependents do not receive work authorization.

E-2 Employee

Required

H-1B

Required

E-2 Employee

5 years1

H-1B

3 years

E-2 Employee

Indefinitely, in 5-year increments2

H-1B

Once, 3-year extension

E-2 Employee

2-4 months

H-1B

2-3 months

E-2 Employee

15 business days3

H-1B

15 business days

E-2 Employee

Yes

H-1B

No

E-2 Employee

1, 2Shorter for some nationalities.

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

H-1B

-

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