E-2 Investor
VS
EB-2 NIW
Type
Nonimmigrant visa
Green card
Description
Treaty Investors
National Interest Waiver
Profiles that typically qualify
Entrepreneurs, Business owners, Investors
Entrepreneurs, Researchers, Physicians, Industry experts, Innovators, STEM professionals
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.
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.
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.
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.
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.
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.
Sponsorship
Not required
Not required
Validity period
5 years1
Permanent residency
Renewable
Indefinitely, 5-year increments2
Every 10 years
Without premium processing
2-4 months
24-30 months1
With premium processing
15 business days3
45 business days
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.
Type
E-2 Investor
Nonimmigrant visa
EB-2 NIW
Green card
Description
E-2 Investor
Treaty Investors
EB-2 NIW
National Interest Waiver
Profiles that typically qualify
E-2 Investor
Entrepreneurs, Business owners, Investors
EB-2 NIW
Entrepreneurs, Researchers, Physicians, Industry experts, Innovators, STEM professionals
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 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.
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 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.
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 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.
Sponsorship
E-2 Investor
Not required
EB-2 NIW
Not required
Validity period
E-2 Investor
5 years1
EB-2 NIW
Permanent residency
Renewable
E-2 Investor
Indefinitely, 5-year increments2
EB-2 NIW
Every 10 years
Without premium processing
E-2 Investor
2-4 months
EB-2 NIW
24-30 months1
With premium processing
E-2 Investor
15 business days3
EB-2 NIW
45 business days
Can spouse work
E-2 Investor
Yes
EB-2 NIW
Yes
Disclaimers
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.