E-2 Investor

VS

H-2B

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, 2Shorter for some nationalities.

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

-

E-2 Investor

H-2B

E-2 Investor

Nonimmigrant visa

H-2B

Nonimmigrant visa

E-2 Investor

Treaty Investors

H-2B

Temporary Non-Agricultural Workers

E-2 Investor

Entrepreneurs, Business owners, Investors

H-2B

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

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-2B

  • 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.

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-2B

  • 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.

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-2B

  • 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.

E-2 Investor

Not required

H-2B

Required

E-2 Investor

5 years1

H-2B

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

E-2 Investor

Indefinitely, 5-year increments2

H-2B

Renewable up to 3 years

E-2 Investor

2-4 months

H-2B

5-6 months

E-2 Investor

15 business days3

H-2B

15 business days

E-2 Investor

Yes

H-2B

No

E-2 Investor

1, 2Shorter for some nationalities.

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

H-2B

-

We believe immigration shouldn’t be this hard

Cookies consent

We use necessary cookies to make our site work. We'd like to set additional cookies to analyze traffic and make site improvements.
By clicking "Accept" you consent to our use of cookies.