Key Takeaways:
- Understand the differences between an E-2 and EB-3 visa for your immigration journey: flexibility, speed, and family inclusion for E-2; permanent residency, inclusivity, and scope for EB-3.
- Consider your intention, eligibility, and investment or employment focus when deciding between E-2 and EB-3 visas.
- Personal circumstances, career goals, and immigration aspirations should guide your choice between E-2 and EB-3 visas. Consult an immigration attorney for guidance.
Understanding the differences between an E-2 and an EB-3 visa is an important part of the immigration process. This post offers a detailed breakdown of their differences, pros, and cons to give you a clearer picture of which visa might be the right choice for your immigration journey.
E-2 Visa: For Treaty Investors
The E-2 Treaty Investor Visa is a non-immigrant visa that allows an individual from a treaty country to enter and work in the United States based on an investment they will be controlling. This visa is specifically designed for those who plan on investing a significant amount of capital in a US business.
Pros of the E-2 Visa:
- Flexibility: The E-2 visa is renewable indefinitely as long as the business is in operation.
- Speed: E-2 visa applications are generally processed quickly.
- Family Inclusion: E-2 visa holders can bring their spouses and unmarried children under 21 to the US, and spouses can apply for work authorization.
Cons of the E-2 Visa:
- Limited to Treaty Countries: Only nationals from treaty countries are eligible for the E-2 visa.
- Temporary: It does not provide permanent residency.
- Investment Risk: You must make a substantial investment, which involves financial risk.
“The E-2 Visa is an excellent opportunity for investors looking to run a business in the US. It offers great flexibility but must be balanced against the financial risk and temporary status,” states an immigration expert.
EB-3 Visa: Employment-Based Residency
The EB-3 Visa is an immigrant visa which leads to permanent residency in the United States. It is designed for skilled workers, professionals, and other workers with at least two years of job experience or training.
Pros of the EB-3 Visa:
- Permanent Residency: Unlike the E-2 visa, the EB-3 leads to a Green Card, granting lawful permanent residency in the US.
- Inclusivity: It is available to many more nationalities as it is not restricted to treaty countries.
- Scope: Open to skilled workers, professionals, and other unskilled workers meeting the criteria.
Cons of the EB-3 Visa:
- Backlogs: There can be lengthy backlogs, especially for applicants from countries with high demand for US immigration.
- Complex Process: The application process is complex and generally requires an employer sponsor.
- Permanent Job Offer: You need a permanent job offer and labor certification.
“The EB-3 Visa may take longer and require more steps than the E-2, but for many, the path to permanent residency is well worth the effort,” comments an immigration authority.
E-2 vs EB-3 Visa Comparison for Immigrants
When deciding between an E-2 and an EB-3 visa, consider the following key points:
- Intention: If your main goal is to live permanently in the US, the EB-3 may be the better option. If your focus is on investing and running a business with the flexibility to return to your homeland, the E-2 visa might be preferable.
- Eligibility: Your nationality can play a crucial role. Only nationals of treaty countries can apply for an E-2 visa, while the EB-3 is more widely accessible.
- Investment vs Employment: E-2 is investment-centered, while EB-3 relies on having a standing job offer from a US employer.
Finalizing your decision on which visa to apply for depends on your personal circumstances, career goals, and immigration aspirations. It’s highly advised to consult with an immigration attorney to guide you through the complexities of each visa type.
For more information, you can visit official immigration sources such as the U.S. Citizenship and Immigration Services (USCIS) website at USCIS.
Remember, each immigration journey is unique, and choosing between an E-2 vs EB-3 Visa requires careful consideration of all the facts.
Still Got Questions? Read Below to Know More:
Can I switch from an E-2 visa to an EB-3 visa if I decide to stay permanently
Yes, it is possible to switch from an E-2 visa, which is a non-immigrant visa, to an EB-3 visa, which is an immigrant visa leading to permanent residency. Here is how you can make the transition:
- Secure a Job Offer: To qualify for an EB-3 visa, you must have a full-time, permanent job offer from a US employer. The job must fall into one of the EB-3 categories:
- Skilled workers (with at least 2 years of experience or training)
- Professionals (with a baccalaureate degree)
- Unskilled workers (for jobs that require less than 2 years of experience or training)
- Labor Certification: Your US employer must obtain a labor certification from the Department of Labor (DOL) through the PERM process. This requires proving that there are no qualified US workers available for the job, and that hiring you will not negatively affect the wages and working conditions of similarly employed U.S. workers.
File for Visa Petition: Once the DOL approves the labor certification, your employer must file Form I-140, the Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
After the I-140 is approved and your priority date becomes current, you can apply for an adjustment of status to a permanent resident by filing Form I-485, if you’re already in the US, or go through consular processing if you’re outside the US.
Keep in mind that the EB-3 visa category often has a backlog, and you’ll need to wait until your priority date becomes current to apply for the green card. The “Visa Bulletin” issued monthly by the U.S. Department of State shows which priority dates are current.
Official resources you can consult for guidance include:
- The U.S. Citizenship and Immigration Services (USCIS) website for the I-140 form: USCIS Form I-140
- The Department of State’s Visa Bulletin: Visa Bulletin
- The Department of Labor’s PERM process information: DOL PERM Process
Remember to consult with an immigration attorney to assist you with the specifics of your case and guide you through each step to ensure compliance and the best possible outcome.
What kind of business qualifies for an E-2 visa investment
An E-2 visa is a non-immigrant visa that allows investors from countries with which the United States maintains a treaty of commerce and navigation to come to the U.S. to invest in and operate a business. To qualify for an E-2 visa investment, the business must fulfill several criteria:
- The investment must be substantial: While there is no minimum dollar amount defined by law, the investment should be enough to ensure the investor’s commitment to the successful operation of the enterprise.
- The business must be real and operating: The investment must be in a bona fide enterprise and not for the purpose of passive investment. It should produce goods or services for profit and should be a legitimate, legal business.
- The investor must have control of the funds, and the investment must be at risk in the commercial sense to generate a return.
- The investor must have the intention to enter the U.S. to develop and direct the investment enterprise. This is typically shown by owning at least 50% of the enterprise or possessing operational control through a managerial position or other corporate device.
It’s important to note that speculative or idle investment does not qualify. Similarly, uncommitted funds in a bank account or similar security are not considered an active investment.
For further details and a comprehensive list of requirements and conditions for the E-2 visa, you can visit the U.S. Department of State’s Bureau of Consular Affairs website or the U.S. Citizenship and Immigration Services (USCIS) website:
- U.S. Department of State’s Bureau of Consular Affairs: E-2 Treaty Investors
- U.S. Citizenship and Immigration Services (USCIS): E-2 Treaty Investors
For an EB-3 visa, does any job count, or does it have to be in a specific field
An EB-3 visa is a U.S. visa category that allows skilled workers, professionals, and other workers to gain lawful permanent residence based on their employment. Not every job qualifies for the EB-3 visa category; the job must fit into one of these three subcategories:
- Skilled Workers: These are positions that require at least two years of job experience or training. It’s not strictly about the field, but the job should demand a certain level of skill.
- Professionals: These jobs are ones that require at least a U.S. baccalaureate degree or a foreign equivalent and are a part of the job requirements.
- Other Workers: This subcategory includes positions that require less than two years of training or experience.
Regardless of the subcategory, there are specific labor certification and qualification requirements that need to be met. This process involves getting a labor certification (PERM) from the U.S. Department of Labor, which verifies that there are insufficient available, qualified, and willing U.S. workers to fill the position being offered to the foreign worker.
For further detailed information, check out the official United States Citizenship and Immigration Services (USCIS) webpage on EB-3 immigrant visas: USCIS – EB-3 Immigrant visas.
Remember, an employer must sponsor the foreign national and go through the PERM labor certification process, proving that there are no qualified U.S. workers available for the job, which is a necessary step for most employment-based green card categories, including the EB-3.
How long does the EB-3 visa process take if I have a job offer already
The EB-3 visa process duration can vary depending on several factors, such as your country of origin, the current workload of the United States Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL). Generally, once you have a job offer, the following steps must be completed:
- PERM Labor Certification: Your employer must obtain a PERM Labor Certification from the DOL, demonstrating that there aren’t sufficient able, willing, qualified, and available U.S. workers for the position offered to you. This process can take about 6 to 9 months.
Form I-140, Immigrant Petition for Alien Worker: After obtaining the PERM certification, your employer then files Form I-140 with USCIS. The processing time for Form I-140 varies; it typically takes about 5 to 7 months. However, your employer can opt for Premium Processing by paying an additional fee, which shortens the processing time to 15 calendar days.
Adjustment of Status (Form I-485) or Consular Processing: If you’re already in the U.S., you can file an Adjustment of Status application. If outside the U.S., you will go through consular processing at a U.S. embassy or consulate. This stage can range from 8 to 14 months, depending on the specifics of your case and the USCIS office handling it.
It’s important to note that there are annual limits on the number of EB-3 visas issued, which can lead to a waiting period if your category is oversubscribed. This is reflected in the Visa Bulletin, which provides the latest priority dates.
For the most accurate information regarding the processing times for these steps, check the official USCIS Processing Times page and the U.S. Department of State’s Visa Bulletin:
Remember, this timeframe is an estimate and can be subject to change based on various factors. It’s also recommended to stay in contact with your employer and potentially consult with an immigration attorney to help navigate through the process.
Will my children have to leave the U.S. when they turn 21 if I’m on an E-2 visa
When you are in the United States on an E-2 visa, which is a nonimmigrant visa for investors from countries that the U.S. has a treaty of commerce with, your children are typically granted E-2 dependent visas. These dependent visas allow them to live in the U.S. with you as long as they meet certain criteria. However, once your children reach the age of 21, their situation changes. Under immigration law, when children of E-2 visa holders turn 21, they are no longer considered dependents and thus can no longer stay in the U.S. under the E-2 dependent status. They would need to change their status to another visa category to legally remain in the United States.
There are a few options for your children if they wish to stay in the U.S. post turning 21:
- Change of Status: Your children can apply for a change of status to another nonimmigrant visa category, such as a student visa (F-1) if they wish to pursue studies in the U.S.
- Employment Visa: If they are eligible and have a job offer, they might apply for a work visa, such as the H-1B for specialty occupations.
- Adjustment of Status: If eligible, they might pursue permanent residency (Green Card) through family-based or employment-based categories.
It is important to plan ahead and consider the best pathway for your children’s circumstances before they reach the age of 21 to ensure a seamless transition without violating U.S. immigration laws. It is recommended to consult with an immigration attorney for personalized advice.
For more information on E-2 visas and the regulations related to dependents, you can visit the official U.S. Citizenship and Immigration Services (USCIS) website: USCIS E-2 Treaty Investors and the U.S. Department of State’s page on Treaty Traders and Investors: U.S. Department of State – Treaty Traders and Investors.
Learn today
Glossary of Immigration Terms
- E-2 Visa: A non-immigrant visa that allows an individual from a treaty country to enter and work in the United States based on an investment they will be controlling. This visa is specifically designed for those who plan on investing a significant amount of capital in a US business.
Treaty Country: A country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States. Only nationals of treaty countries are eligible for the E-2 visa.
Pros of the E-2 Visa:
- Flexibility: The E-2 visa is renewable indefinitely as long as the business is in operation.
- Speed: E-2 visa applications are generally processed quickly.
- Family Inclusion: E-2 visa holders can bring their spouses and unmarried children under 21 to the US, and spouses can apply for work authorization.
- Cons of the E-2 Visa:
- Limited to Treaty Countries: Only nationals from treaty countries are eligible for the E-2 visa.
- Temporary: It does not provide permanent residency.
- Investment Risk: You must make a substantial investment, which involves financial risk.
- EB-3 Visa: An immigrant visa which leads to permanent residency in the United States. It is designed for skilled workers, professionals, and other workers with at least two years of job experience or training.
Permanent Residency: The status granted to an immigrant allowing them to live and work permanently in the United States. The EB-3 visa leads to permanent residency, unlike the E-2 visa.
Pros of the EB-3 Visa:
- Permanent Residency: Unlike the E-2 visa, the EB-3 leads to a Green Card, granting lawful permanent residency in the US.
- Inclusivity: It is available to many more nationalities as it is not restricted to treaty countries.
- Scope: Open to skilled workers, professionals, and other unskilled workers meeting the criteria.
- Cons of the EB-3 Visa:
- Backlogs: There can be lengthy backlogs, especially for applicants from countries with high demand for US immigration.
- Complex Process: The application process is complex and generally requires an employer sponsor.
- Permanent Job Offer: You need a permanent job offer and labor certification.
- Green Card: The common name for the United States Permanent Resident Card, which is proof of an immigrant’s lawful permanent residency in the US.
Immigration Attorney: A lawyer who specializes in immigration law and provides legal advice and representation to individuals and businesses in immigration matters.
U.S. Citizenship and Immigration Services (USCIS): An agency of the US Department of Homeland Security responsible for administering the country’s immigration system, including processing immigration applications, conducting interviews, and making decisions on immigration benefits.
In conclusion, understanding the differences between the E-2 and EB-3 visas is crucial when navigating the immigration process. Whether you’re an investor seeking flexibility or a skilled worker aiming for permanent residency, both visas offer opportunities and challenges. So, dive deeper into this topic on visaverge.com, where you’ll find expert advice and more in-depth information to help you make the right choice for your immigration journey. Happy exploring!
