Entrepreneurship is one of the most significant factors that define the economy of the United States, which is why many people from all over the world come here to achieve their business goals. Of the many options for visas, the E2 Treaty Investor Visa and the EB2 National Interest Waiver (NIW) are two of the most frequent choices for self-employed people and business owners. Even though both provide a way to advance in the U.S. economy, there are many differences between the two in terms of eligibility, processing and benefits. 

E2 Treaty Investor Visa: A Gateway for Business Owners 

The E2 visa category is for the people of those countries with which the U.S. has a treaty of commerce and navigation. For this visa category applicants have to invest a certain amount in the U.S. It will depict their commitment to develop and manage their business in the U.S. 

Key essentials are:

• Considerable investment in a bona fide business
• Owning 50% or more of the enterprise
• Actively managing the business

Advantages

• Quick Processing: For instance, the processing of E2 visas is relatively faster than that of immigrant visas. 
• Renewable Status: The visa can be renewed as often as possible as long as the business is running and making profits. 
• Family Inclusion: The dependent family members of the principal applicant such as spouse and children who are below 21 years of age are allowed to accompany the principal applicant, and the spouses of the principal applicants are allowed to work in the United States. 

 Challenges 

• Limited National Eligibility: It is only available to citizens of the treaty countries, thus disqualifying the applicants from the non-treaty countries such as India. 
• No Direct Path to Green Card: E2 is a nonimmigrant visa and E2 holders cannot directly apply for green cards. Social entrepreneurs who are in for the long haul have to think of other strategies. 
• High Investment Requirement: However, the term ‘substantial’ is not elaborated and investments commonly vary from $100, 000 to $500,000 or more according to the scope of business and the industry. 

 EB2-NIW: A Way for Very Successful Business People 

 Eligibility:

The EB2-NIW is an immigrant visa that bypasses the requirement of labor certification for those who are going to work for the benefit of the nation. Entrepreneurs must satisfy the EB2 criteria that is having an advanced degree or exceptional ability and proving that their work is in the interest of the U.S. economy or its growth in technology. 

Key requirements include: 

• Proof of expertise at an elite level in business, science or any other profession. 
• It must be established that the proposed activity would benefit the United States economy and is significant. 
• Documentation of how the candidate is capable of furthering the venture and that the labor certification requirement should be waived in the interest of the nation. 

 Advantages:

• Path to Green Card: EB2-NIW provides a way to get a green card, which means that the entrepreneur and his or her family can permanently stay in the future.  
• No Specific Investment Requirement: While E2 does not allow, EB2-NIW does not demand any specific amount of investment thus allowing the start-ups with little or no capital to innovate and create something new. 
• Broad Eligibility: Available to all country’s citizens, those who are not allowed to apply for the E2 visa. 

Challenges:

• Complex Documentation: It is quite challenging to prove the importance of the venture, one has to produce reference letters, the impact of the business, and prior accomplishments. 
• Long Processing Times: Processing of EB2-NIW petitions takes a lot of time; it may take months or even years because they are immigrant petitions and each application is reviewed on a case-by-case basis. 
• High Standard of Proof:  Entrepreneurs must prove how their activities are useful for the US economy, health, or technological progress.

E2 vs. EB2-NIW: Which Is Right for You?

If one needs to be in the U. S. for a short time and has enough money to spend, then the E2 visa may be a good option. However, those planning to stay in the country in the long run and seek more flexibility in managing their businesses may wish to apply for EB2-NIW. 

Tips for Entrepreneurs 

• Assess Your Long-Term Goals: If you aim to set up a permanent residence in the United States, then go for the EB2-NIW. For instance, if the business is experimental or short-term, then E2 may be enough. 
• Prepare a Comprehensive Business Plan: Both pathways demand the proper business objectives and the feasibility reports of the business. Make sure that your plan emphasizes job creation, economic effects or connection to U.  S. objectives. 
• Seek Professional Assistance: Immigration laws are quite intricate and it is always advisable to seek the services of an attorney. Let my immigration lawyer help you with the application process and make your petition stronger. 

The difference between E2 and EB2-NIW depends on your business objectives, financial resources, and the level of your interest in permanent residence. Although the E2 visa is a good choice for those who want to enter the United States for business, a short EB2-NIW period allows the applicant to want to apply to expand their permanent residency so they can be or their economic contribution to the United States. 

Entrepreneurs who are ready to invest time and energy, and the documentation that goes with it, can use either of the pathways to open up new horizons and achieve their dreams of living in the U.S.