E-2 Visa
The E-2 visa is a nonimmigrant visa that allows foreign nationals to invest in and run a business in the United States. To be eligible for an E-2 visa, the applicant must:
- Be a national of a country that has a treaty of commerce and navigation with the United States.
- Have invested or be actively in the process of investing a substantial amount of capital in a U.S. business.
- Be in the process of developing and running the U.S. business.
- Intend to stay in the United States only as long as they are maintaining the investment and running the business.
O-1A Visa
The O-1A visa is a nonimmigrant visa that allows foreign nationals of extraordinary ability in the arts, sciences, education, business, or athletics to come to the United States to work for a U.S. employer. To be eligible for an O-1A visa, the applicant must:
- Have sustained national or international acclaim in their field of expertise.
- Be coming to the United States to work in a prearranged job for a U.S. employer that requires their extraordinary ability.
- Intend to stay in the United States only as long as they are working in the prearranged job.
Here is a table summarizing the key differences between the E-2 visa and the O-1A visa:
| Feature | E-2 Visa | O-1A Visa |
|---|---|---|
| Purpose | Invest in and run a U.S. business | Work for a U.S. employer in a field of extraordinary ability |
| Eligibility | National of a treaty country, substantial investment, business development, temporary stay | Sustained national or international acclaim, prearranged job, temporary stay |
| Employer | Applicant’s own U.S. business | U.S. employer |
| Renewal | Can be renewed for 5-year increments as long as the investment is maintained and the business is running | Can be renewed for 3-year increments as long as the applicant continues to work in the prearranged job |
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Which visa is right for you?
The best visa for you will depend on your individual circumstances. If you are a foreign national who wants to invest in and run a U.S. business, then the E-2 visa may be a good option for you. If you are a foreign national with extraordinary ability in a field such as the arts, sciences, education, business, or athletics, then the O-1A visa may be a good option for you.
It is important to consult with an immigration attorney to discuss your specific circumstances and determine which visa is right for you.
Here are some additional things to consider:
- The E-2 visa is a more flexible visa than the O-1A visa. E-2 visa holders can change employers and start their own businesses, while O-1A visa holders are tied to their prearranged job.
- The O-1A visa is a more prestigious visa than the E-2 visa. O-1A visa holders are considered to be among the best in their field, while E-2 visa holders are simply investors or business owners.
- The E-2 visa is a more expensive visa than the O-1A visa. The minimum investment required for an E-2 visa is typically much higher than the filing fee for an O-1A visa.
