E-2 Investor

VS

EB-2 NIW

Nonimmigrant visa

Green card

Treaty Investors

National Interest Waiver

Entrepreneurs, Business owners, Investors

Entrepreneurs, Researchers, Physicians, Industry experts, Innovators, STEM professionals

  • 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.

  • Demonstrate that you will work on a proposed endeavor with substantial merit and national importance, and provide evidence that you are well-positioned to advance this work.

  • 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.

  • Flexible requirements, making it suitable for a variety of profiles.

  • Does not require employer sponsorship or a job offer, providing significant independence.

  • Eliminates the need for the lengthy labor certification process.

  • 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.

  • Requires a high burden of proof to demonstrate both national interest and exceptional ability.

  • USCIS has broad discretion in deciding whether your permanent residency aligns with the national interest.

Not required

Not required

5 years1

Permanent residency

Indefinitely, 5-year increments2

Every 10 years

2-4 months

24-30 months1

15 business days3

45 business days

Yes

Yes

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.

E-2 Investor

EB-2 NIW

E-2 Investor

Nonimmigrant visa

EB-2 NIW

Green card

E-2 Investor

Treaty Investors

EB-2 NIW

National Interest Waiver

E-2 Investor

Entrepreneurs, Business owners, Investors

EB-2 NIW

Entrepreneurs, Researchers, Physicians, Industry experts, Innovators, STEM professionals

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 NIW

  • 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.

  • Demonstrate that you will work on a proposed endeavor with substantial merit and national importance, and provide evidence that you are well-positioned to advance this work.

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 NIW

  • Provides complete flexibility to work, live, and study in the U.S.

  • Flexible requirements, making it suitable for a variety of profiles.

  • Does not require employer sponsorship or a job offer, providing significant independence.

  • Eliminates the need for the lengthy labor certification process.

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 NIW

  • Requires a high burden of proof to demonstrate both national interest and exceptional ability.

  • USCIS has broad discretion in deciding whether your permanent residency aligns with the national interest.

E-2 Investor

Not required

EB-2 NIW

Not required

E-2 Investor

5 years1

EB-2 NIW

Permanent residency

E-2 Investor

Indefinitely, 5-year increments2

EB-2 NIW

Every 10 years

E-2 Investor

2-4 months

EB-2 NIW

24-30 months1

E-2 Investor

15 business days3

EB-2 NIW

45 business days

E-2 Investor

Yes

EB-2 NIW

Yes

E-2 Investor

1, 2Shorter for some nationalities.

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

EB-2 NIW

1Applicants from India, China, or Mexico may experience longer wait times.

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