E-2 Investor
VS
EB-1A
Type
Nonimmigrant visa
Green card
Description
Treaty Investors
Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics
Profiles that typically qualify
Entrepreneurs, Business owners, Investors
Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists
Requirements
You and at least 50% of the business owners must be nationals of the same treaty country.
You must direct or control the business through either 50%+ ownership or a high-level director or managerial role.
The investment must be substantial and at risk, with the legal source of funds documented.
Funds must be the investor's personal assets, and the investment must be in a commercial enterprise (i.e., a business that sells products or services).
The business must be profitable and ideally create at least one U.S. job within the first five years.
Demonstrate sustained extraordinary achievement in your field with at least 3 of 10 types of required evidence, such as receiving prestigious awards, being featured in media or professional publications, earning a high remuneration relative to your peers, or holding a critical or relevant role in a distinguished organization or project.
Continue working in your area of extraordinary ability in the U.S.
Pros
Renewable indefinitely, allowing long-term business opportunities in the U.S.
Highly flexible and can be used for almost any type of business.
Provides complete flexibility to work, live, and study in the U.S.
Does not require employer sponsorship, offering significant independence.
No labor certification is required, simplifying the application process.
Offers the fastest pathway to a green card among EB categories.
Direct path to citizenship after 5 years.
Cons
Requires a substantial upfront investment, with funds at risk (no set minimum, but typically over USD $100,000).
Some consulates have long wait times for E-2 application interviews.
Requires committing investment funds before receiving approval.
High standard to demonstrate extraordinary ability.
Sponsorship
Not required
Not required
Validity period
5 years1
Permanent
Renewable
Indefinitely, 5-year increments2
Every 10 years
Without premium processing
2-4 months
10-24 months1
With premium processing
15 business days3
15 business days2
Can spouse work
Yes
Yes
Disclaimers
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing.
1Applicants from India, China, or Mexico may experience longer wait times.
2Available only for the first stage of the process, while the second stage typically takes an additional 9-18 months.
Type
E-2 Investor
Nonimmigrant visa
EB-1A
Green card
Description
E-2 Investor
Treaty Investors
EB-1A
Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics
Profiles that typically qualify
E-2 Investor
Entrepreneurs, Business owners, Investors
EB-1A
Entrepreneurs, Industry experts, Researchers, STEM professionals, Athletes, Artists
Requirements
E-2 Investor
You and at least 50% of the business owners must be nationals of the same treaty country.
You must direct or control the business through either 50%+ ownership or a high-level director or managerial role.
The investment must be substantial and at risk, with the legal source of funds documented.
Funds must be the investor's personal assets, and the investment must be in a commercial enterprise (i.e., a business that sells products or services).
The business must be profitable and ideally create at least one U.S. job within the first five years.
EB-1A
Demonstrate sustained extraordinary achievement in your field with at least 3 of 10 types of required evidence, such as receiving prestigious awards, being featured in media or professional publications, earning a high remuneration relative to your peers, or holding a critical or relevant role in a distinguished organization or project.
Continue working in your area of extraordinary ability in the U.S.
Pros
E-2 Investor
Renewable indefinitely, allowing long-term business opportunities in the U.S.
Highly flexible and can be used for almost any type of business.
EB-1A
Provides complete flexibility to work, live, and study in the U.S.
Does not require employer sponsorship, offering significant independence.
No labor certification is required, simplifying the application process.
Offers the fastest pathway to a green card among EB categories.
Direct path to citizenship after 5 years.
Cons
E-2 Investor
Requires a substantial upfront investment, with funds at risk (no set minimum, but typically over USD $100,000).
Some consulates have long wait times for E-2 application interviews.
Requires committing investment funds before receiving approval.
EB-1A
High standard to demonstrate extraordinary ability.
Sponsorship
E-2 Investor
Not required
EB-1A
Not required
Validity period
E-2 Investor
5 years1
EB-1A
Permanent
Renewable
E-2 Investor
Indefinitely, 5-year increments2
EB-1A
Every 10 years
Without premium processing
E-2 Investor
2-4 months
EB-1A
10-24 months1
With premium processing
E-2 Investor
15 business days3
EB-1A
15 business days2
Can spouse work
E-2 Investor
Yes
EB-1A
Yes
Disclaimers
E-2 Investor
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing.
EB-1A
1Applicants from India, China, or Mexico may experience longer wait times.
2Available only for the first stage of the process, while the second stage typically takes an additional 9-18 months.