E-2 Investor

VS

H-1B1

Nonimmigrant visa

Nonimmigrant visa

Treaty Investors

Free Trade Agreement Professionals

Entrepreneurs, Business owners, Investors

Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants

  • 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 be a citizen of Chile or Singapore.

  • You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).

  • The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.

  • The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.

  • Renewable indefinitely, allowing long-term business opportunities in the U.S.

  • Highly flexible and can be used for almost any type of business.

  • Easy renewal process with the option to extend stay.

  • Far less competitive than the H-1B visa, as it does not require an annual lottery.

  • 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 employer sponsorship and a job offer in a specialty occupation.

  • Annual renewal adds administrative overhead.

Not required

Required

5 years1

18 months1

Indefinitely, 5-year increments2

Indefinitely

2-4 months

1-4 months

15 business days3

No

Yes

No

1, 2Shorter for some nationalities.

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

1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.

E-2 Investor

H-1B1

E-2 Investor

Nonimmigrant visa

H-1B1

Nonimmigrant visa

E-2 Investor

Treaty Investors

H-1B1

Free Trade Agreement Professionals

E-2 Investor

Entrepreneurs, Business owners, Investors

H-1B1

Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants

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.

H-1B1

  • You must be a citizen of Chile or Singapore.

  • You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).

  • The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.

  • The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.

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.

H-1B1

  • Easy renewal process with the option to extend stay.

  • Far less competitive than the H-1B visa, as it does not require an annual lottery.

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.

H-1B1

  • Requires employer sponsorship and a job offer in a specialty occupation.

  • Annual renewal adds administrative overhead.

E-2 Investor

Not required

H-1B1

Required

E-2 Investor

5 years1

H-1B1

18 months1

E-2 Investor

Indefinitely, 5-year increments2

H-1B1

Indefinitely

E-2 Investor

2-4 months

H-1B1

1-4 months

E-2 Investor

15 business days3

H-1B1

No

E-2 Investor

Yes

H-1B1

No

E-2 Investor

1, 2Shorter for some nationalities.

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

H-1B1

1Visa issued for 18-month terms with admission to the U.S. in 12-month periods, renewable in 12-month increments.

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