E-2 Employee

VS

H-1B1

Nonimmigrant visa

Nonimmigrant visa

Treaty Investors

Free Trade Agreement Professionals

Executives, Managers, Essential employees

Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants

  • 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 be a citizen of Chile or Singapore.

  • 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.

  • Easy renewal process with the option to extend stay.

  • Far less competitive than the H-1B visa, as it does not require an annual lottery.

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

  • Annual renewal adds administrative overhead.

Required

Required

5 years1

18 months1

Indefinitely, in 5-year increments2

Indefinitely

2-4 months

1-4 months

15 business days3

No

Yes

No

1, 2Shorter for some nationalities.

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

1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.

E-2 Employee

H-1B1

E-2 Employee

Nonimmigrant visa

H-1B1

Nonimmigrant visa

E-2 Employee

Treaty Investors

H-1B1

Free Trade Agreement Professionals

E-2 Employee

Executives, Managers, Essential employees

H-1B1

Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants

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-1B1

  • You must be a citizen of Chile or Singapore.

  • 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-1B1

  • Easy renewal process with the option to extend stay.

  • Far less competitive than the H-1B visa, as it does not require an annual lottery.

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-1B1

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

  • Annual renewal adds administrative overhead.

E-2 Employee

Required

H-1B1

Required

E-2 Employee

5 years1

H-1B1

18 months1

E-2 Employee

Indefinitely, in 5-year increments2

H-1B1

Indefinitely

E-2 Employee

2-4 months

H-1B1

1-4 months

E-2 Employee

15 business days3

H-1B1

No

E-2 Employee

Yes

H-1B1

No

E-2 Employee

1, 2Shorter for some nationalities.

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

H-1B1

1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.

We believe immigration shouldn’t be this hard

Cookies consent

We use necessary cookies to make our site work. We'd like to set additional cookies to analyze traffic and make site improvements.
By clicking "Accept" you consent to our use of cookies.