E-2 Investor
VS
EB-2
Type
Nonimmigrant visa
Green card
Description
Treaty Investors
Advanced Degree or Exceptional Ability
Profiles that typically qualify
Entrepreneurs, Business owners, Investors
Physicians, Engineers, Business analysts, IT professionals, Scientists, Professors and teachers, Physical therapists, Lawyers, Pharmacists
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.
You must hold an advanced degree (master's or higher), possess a bachelor's degree plus five years of progressive work experience, or demonstrate exceptional ability in your field by showing at least 3 of 6 requirements, such as maintaining membership in professional associations and earning recognition for your contributions to your industry from peers or professional organizations.
A job offer and labor certification (PERM) are required, proving that no qualified U.S. workers are available for the position.
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.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that requires an advanced degree or aligns with the exceptional ability criteria.
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.
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
Sponsorship
Not required
Required
Validity period
5 years1
Permanent residency
Renewable
Indefinitely, 5-year increments2
Every 10 years
Without premium processing
2-4 months
Three stages, totaling about 36-48 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 for only one stage of the process, with minimal impact on the overall processing time.
Type
E-2 Investor
Nonimmigrant visa
EB-2
Green card
Description
E-2 Investor
Treaty Investors
EB-2
Advanced Degree or Exceptional Ability
Profiles that typically qualify
E-2 Investor
Entrepreneurs, Business owners, Investors
EB-2
Physicians, Engineers, Business analysts, IT professionals, Scientists, Professors and teachers, Physical therapists, Lawyers, Pharmacists
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-2
You must hold an advanced degree (master's or higher), possess a bachelor's degree plus five years of progressive work experience, or demonstrate exceptional ability in your field by showing at least 3 of 6 requirements, such as maintaining membership in professional associations and earning recognition for your contributions to your industry from peers or professional organizations.
A job offer and labor certification (PERM) are required, proving that no qualified U.S. workers are available for the position.
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-2
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that requires an advanced degree or aligns with the exceptional ability criteria.
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-2
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
Sponsorship
E-2 Investor
Not required
EB-2
Required
Validity period
E-2 Investor
5 years1
EB-2
Permanent residency
Renewable
E-2 Investor
Indefinitely, 5-year increments2
EB-2
Every 10 years
Without premium processing
E-2 Investor
2-4 months
EB-2
Three stages, totaling about 36-48 months1
With premium processing
E-2 Investor
15 business days3
EB-2
15 business days2
Can spouse work
E-2 Investor
Yes
EB-2
Yes
Disclaimers
E-2 Investor
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing.
EB-2
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.