Nonimmigrant visa

Nonimmigrant visa

Treaty Investors

Temporary Non-Agricultural Workers

Entrepreneurs, Business owners, Investors

Landscapers, Hospitality workers, Construction workers, Technicians, Retail staff

• 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.

• Employers must demonstrate a temporary need, which is limited to up to three years for a one-time need or 10 months for seasonal, peak load, or intermittent needs.

• Employers must provide evidence that there are no U.S. workers who are willing, qualified, and able to perform the temporary work.

• Employers must certify that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.

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

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

• Does not focus on individual credentials, making it accessible to a wide range of applicants.

• Allows U.S. employers to address temporary labor shortages in non-agricultural sectors.

• Flexible in meeting seasonal, peak load, and intermittent labor needs.

• 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.

• Subject to semi-annual quotas and a rigid lottery-based application process.

• Employers must undergo a rigorous certification process to prove the unavailability of U.S. workers.

• Spouses and dependents do not receive work authorization.

Not required

Required

5 years¹

Duration of labor certification, up to 1 year, renewable for a total of up to 3 years

Indefinitely, 5-year increments²

Renewable up to 3 years

2-4 months

5-6 months

15 business days³

15 business days

Yes

No

^{1, 2}Shorter for some nationalities.

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

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