E-2 Employee
VS
TN Mexicans
Type
Nonimmigrant visa
Nonimmigrant visa
Description
Treaty Investors
NAFTA Professionals from Mexico
Profiles that typically qualify
Executives, Managers, Essential employees
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Management consultants
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.
You must be a citizen of Mexico.
You must meet the educational credentials or work experience required under NAFTA for your profession, with a job offer that matches those qualifications. Professions eligible for this status include, but are not limited to, accountants, engineers, lawyers, pharmacists, scientists, and teachers.
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.
Renewable indefinitely, allowing long-term employment opportunities in the U.S.
No annual cap, providing a reliable option for eligible professionals.
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.
Limited to specific professions listed under the NAFTA agreement.
Requires employer sponsorship and a specific job offer.
Sponsorship
Required
Required
Validity period
5 years1
4 years
Renewable
Indefinitely, in 5-year increments2
Indefinitely, 4-year increments
Without premium processing
2-4 months
1 to 3 months1
With premium processing
15 business days3
Not available
Can spouse work
Yes
No
Disclaimers
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing
1Processing time may vary depending on interview wait times at the consulate.
Type
E-2 Employee
Nonimmigrant visa
TN Mexicans
Nonimmigrant visa
Description
E-2 Employee
Treaty Investors
TN Mexicans
NAFTA Professionals from Mexico
Profiles that typically qualify
E-2 Employee
Executives, Managers, Essential employees
TN Mexicans
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Management consultants
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.
TN Mexicans
You must be a citizen of Mexico.
You must meet the educational credentials or work experience required under NAFTA for your profession, with a job offer that matches those qualifications. Professions eligible for this status include, but are not limited to, accountants, engineers, lawyers, pharmacists, scientists, and teachers.
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.
TN Mexicans
Renewable indefinitely, allowing long-term employment opportunities in the U.S.
No annual cap, providing a reliable option for eligible professionals.
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.
TN Mexicans
Limited to specific professions listed under the NAFTA agreement.
Requires employer sponsorship and a specific job offer.
Sponsorship
E-2 Employee
Required
TN Mexicans
Required
Validity period
E-2 Employee
5 years1
TN Mexicans
4 years
Renewable
E-2 Employee
Indefinitely, in 5-year increments2
TN Mexicans
Indefinitely, 4-year increments
Without premium processing
E-2 Employee
2-4 months
TN Mexicans
1 to 3 months1
With premium processing
E-2 Employee
15 business days3
TN Mexicans
Not available
Can spouse work
E-2 Employee
Yes
TN Mexicans
No
Disclaimers
E-2 Employee
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing
TN Mexicans
1Processing time may vary depending on interview wait times at the consulate.