E-2 Employee

VS

H-2B

Nonimmigrant visa

Nonimmigrant visa

Treaty Investors

Temporary Non-Agricultural Workers

Executives, Managers, Essential employees

Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff

  • 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.

  • Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.

  • Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.

  • Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.

  • 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.

  • Does not focus on individual credentials, making it accessible to a wide range of applicants.

  • Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.

  • Flexible in meeting seasonal, peak load, and intermittent labor needs.

  • 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.

  • Subject to semi-annual quotas and a rigid lottery-based application process.

  • Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.

  • Spouses and dependents do not receive work authorization.

Required

Required

5 years1

Duration of labor certification, up to 1 year, renewable for a total of up to 3 years

Indefinitely, in 5-year increments2

Renewable up to 3 years

2-4 months

5-6 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-2B

E-2 Employee

Nonimmigrant visa

H-2B

Nonimmigrant visa

E-2 Employee

Treaty Investors

H-2B

Temporary Non-Agricultural Workers

E-2 Employee

Executives, Managers, Essential employees

H-2B

Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff

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-2B

  • Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.

  • Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.

  • Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.

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-2B

  • Does not focus on individual credentials, making it accessible to a wide range of applicants.

  • Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.

  • Flexible in meeting seasonal, peak load, and intermittent labor needs.

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-2B

  • Subject to semi-annual quotas and a rigid lottery-based application process.

  • Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.

  • Spouses and dependents do not receive work authorization.

E-2 Employee

Required

H-2B

Required

E-2 Employee

5 years1

H-2B

Duration of labor certification, up to 1 year, renewable for a total of up to 3 years

E-2 Employee

Indefinitely, in 5-year increments2

H-2B

Renewable up to 3 years

E-2 Employee

2-4 months

H-2B

5-6 months

E-2 Employee

15 business days3

H-2B

15 business days

E-2 Employee

Yes

H-2B

No

E-2 Employee

1, 2Shorter for some nationalities.

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

H-2B

-

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