E-2 Employee
VS
H-2B
Type
Nonimmigrant visa
Nonimmigrant visa
Description
Treaty Investors
Temporary Non-Agricultural Workers
Profiles that typically qualify
Executives, Managers, Essential employees
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
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.
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.
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.
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.
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.
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.
Sponsorship
Required
Required
Validity period
5 years1
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
Indefinitely, in 5-year increments2
Renewable up to 3 years
Without premium processing
2-4 months
5-6 months
With premium processing
15 business days3
15 business days
Can spouse work
Yes
No
Disclaimers
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing
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Type
E-2 Employee
Nonimmigrant visa
H-2B
Nonimmigrant visa
Description
E-2 Employee
Treaty Investors
H-2B
Temporary Non-Agricultural Workers
Profiles that typically qualify
E-2 Employee
Executives, Managers, Essential employees
H-2B
Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff
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.
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.
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.
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.
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.
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.
Sponsorship
E-2 Employee
Required
H-2B
Required
Validity period
E-2 Employee
5 years1
H-2B
Duration of labor certification, up to 1 year, renewable for a total of up to 3 years
Renewable
E-2 Employee
Indefinitely, in 5-year increments2
H-2B
Renewable up to 3 years
Without premium processing
E-2 Employee
2-4 months
H-2B
5-6 months
With premium processing
E-2 Employee
15 business days3
H-2B
15 business days
Can spouse work
E-2 Employee
Yes
H-2B
No
Disclaimers
E-2 Employee
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing
H-2B
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