E-2 Visa vs. EB-3 Unskilled Visa: Key Differences

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Overview of E-2 and EB-3 Visas

Popular Visa Options

Often, potential visa applicants debate whether they should pursue an E-2 visa or an EB-3 Unskilled Visa. While both visas are popular, there are some key differences.

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E-2 Visa (Treaty Investor Visa)

Non-Immigrant Visa

The E-2 visa is a non-immigrant visa that allows a foreign national to temporarily reside in the United States if they are investing a substantial amount of capital in a U.S. business. It is based on economic agreements between the United States and a list of treaty countries (found here).

Eligibility Requirements

To qualify for an E-2 visa, the applicant must meet the following criteria:

1. Possess the nationality of a treaty country.
2. Have invested or be actively investing in a U.S. business.
3. Ensure the enterprise is a real and operating commercial enterprise.
4. Demonstrate that the investment is substantial.
5. Prove that the investment is not marginal.
6. Show that the applicant will “develop and direct” the business.
7. If an employee, prove they are an executive, supervisor, or essential employee.
8. Demonstrate the intent to depart the U.S. after the visa expires.

Period of Stay

The maximum initial stay for an E-2 visa is two years. Extensions of stay or changes of status may be granted in increments of up to two years, with no limit to the number of extensions.

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EB-3 Unskilled Visa (Immigrant Visa)

Path to Permanent Residency

Unlike the E-2 visa, the EB-3 Unskilled Visa is an immigrant visa that allows the applicant to become a legal permanent resident (Green Card holder). This means you can stay in the U.S. without having to constantly renew your visa.

Rights for Dependents

With an immigrant visa like the EB-3, your dependents have more rights compared to a non-immigrant visa like the E-2.

Job Requirements

The EB-3 Unskilled Visa is for job positions that require 0-2 years of training and are permanent in nature.

No Investment Required

Unlike the E-2 visa, which often requires a minimum investment of $100,000, the EB-3 Unskilled Visa does not require any investment.

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Key Differences Between E-2 and EB-3

Intent to Immigrate

The E-2 visa is a non-immigrant visa, meaning the holder is prohibited from having the intent to immigrate to the United States at the time the visa is issued. No matter how much you invest in a U.S. business or establish ties to America, you have no direct path to permanent residency.

Permanent Residency with EB-3

With the EB-3 Unskilled Visa, you can obtain permanent residency, allowing you to remain in the U.S. indefinitely.