O-1A vs. E-2 Investor Visa

Comparing the E-2 Visa for ‘treaty investors’ to the O-1 Visa for 'Aliens of Extraordinary Ability'

The E-2 is a nonimmigrant classification (i.e. temporary work visa) that allows nationals of certain treaty countries to make an investment in a U.S. business and then work for that business.

For startup founders who do not yet qualify as an O-1 “Alien of Extraordinary Ability” or who desire work authorization for their spouse, the E-2  is an alternative option for U.S. work authorization. 

The benefits of the E-2 include:

• U.S. Work Authorization;
• The E-2 provides initial status for 2-5 years, and you are then eligible for indefinite extensions;
• Your spouse  can work in the U.S; children under the age of 21 can accompany you and study in the U.S.;
• There is no limitation on the types and sizes of businesses eligible for the E-2;
• The E-2 has historically high approval ratings nationwide (92%); and
• The E-2 has a relatively short processing time (subject to the availability of appointments at your nearest U.S. consulate).

The limitations of the E-2 include:

• The E-2 requires you to make a “substantial” investment in a U.S. business (generally interpreted as $100k+); and
• The E-2 does not offer a direct path to permanent residency.

Generally, if you are a strong candidate for the O-1 and your spouse does not require U.S. work authorization, the O-1 allows you more flexibility and a number of additional benefits. 

Benefits of the O-1 include:

• U.S. Work Authorization;
• The O-1 provides initial status for up to 3 years, and you are then eligible for indefinite extensions;
• Under USCIS’ deference policy to prior approvals, there is a strong likelihood that the O-1 extension will be approved if the material facts and parties (i.e. information about you and your company) have not changed;
• You can hold numerous concurrent O-1 visas. This enables you to work for numerous employers if you have a valid O-1 visa for each employer you plan to work for; and
• A significant portion of the O-1 petition may be reused in your immigrant petition for the green card process.

The limitations of the O-1 include:

• The O-1 dependent visa, the O-3, does not enable a spouse to apply for work authorization in the United States.

Requirements for the E-2 and the O-1

What are the requirements of the E-2?

To be eligible for the E-2 visa, you must:

• Be a citizen of a country with which the U.S. has an E-2 Treaty;
• Invest a substantial amount of your own money into your business (generally $100k+); and
• Be the owner, executive/manager, or otherwise essential to the successful operation of your business.

Your business must:

• Be real and operating; and
• Be 50% or more owned by citizens of your country of citizenship, which in turn must have an E-2 Treaty with the U.S.

What are the requirements of the O-1?

You received a major, internationally-recognized award, such as a Nobel Prize, or you meet at least 3 of the following: 

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• Membership in associations in the field which require outstanding achievements;
• Published material in professional or major trade publications, newspapers or other major media about you or your work;
• Original scientific, scholarly, or business-related contributions of major significance in the field;
• Authorship of scholarly articles in professional journals or other major media in the field;
• A high salary or other remuneration for services;
• Participation on a panel, or individually, as a judge of the work of others in the field; and, 
• Employment in a critical or essential capacity for organizations that have a distinguished reputation.

Get a deep dive into the O-1 requirements.