E-2 Investor
VS
H-1B1
Type
Nonimmigrant visa
Nonimmigrant visa
Description
Treaty Investors
Free Trade Agreement Professionals
Profiles that typically qualify
Entrepreneurs, Business owners, Investors
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
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 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.
Pros
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.
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 employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
Sponsorship
Not required
Required
Validity period
5 years1
18 months1
Renewable
Indefinitely, 5-year increments2
Indefinitely
Without premium processing
2-4 months
1-4 months
With premium processing
15 business days3
No
Can spouse work
Yes
No
Disclaimers
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.
Type
E-2 Investor
Nonimmigrant visa
H-1B1
Nonimmigrant visa
Description
E-2 Investor
Treaty Investors
H-1B1
Free Trade Agreement Professionals
Profiles that typically qualify
E-2 Investor
Entrepreneurs, Business owners, Investors
H-1B1
Software developers, Financial analysts, Medical professionals, Engineers, Scientists, University professors, Physical therapists, Agronomists, Management consultants
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.
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.
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.
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.
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.
H-1B1
Requires employer sponsorship and a job offer in a specialty occupation.
Annual renewal adds administrative overhead.
Sponsorship
E-2 Investor
Not required
H-1B1
Required
Validity period
E-2 Investor
5 years1
H-1B1
18 months1
Renewable
E-2 Investor
Indefinitely, 5-year increments2
H-1B1
Indefinitely
Without premium processing
E-2 Investor
2-4 months
H-1B1
1-4 months
With premium processing
E-2 Investor
15 business days3
H-1B1
No
Can spouse work
E-2 Investor
Yes
H-1B1
No
Disclaimers
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.