Our advice is informed by decades of experience working alongside the leading industry players in energy, life sciences, technology, financial services, private capital and more.
LEARN THE PROCESS, COST, TIMELINE, AND REQUIREMENTS OF THE E-2 TREATY INVESTOR VISA
What Is the E-2 Treaty Investor Visa?
The E-2 visa is a nonimmigrant visa that allows citizens of countries with a qualifying treaty of commerce and navigation with the United States to enter and work in the U.S. based on a substantial investment they control in a U.S.-based business. There are two categories:
E-2 Investor: Individuals investing a substantial amount in a bona fide U.S. enterprise.
E-2 Employee: Key executives, managers, or essential skilled employees of the treaty investor’s business.
Key Features:
Investment can be in a new or existing business.
E-2 holders can manage the business and bring qualifying employees.
Initial stay is up to 2 years with unlimited 2-year extensions.
Visa can be renewed indefinitely, so long as the enterprise continues to meet eligibility requirements.
E-2 Visa Eligibility Requirements
To qualify for the E-2 visa, you must meet these general criteria:
1. Nationality:
Must be a citizen of a country that maintains a treaty of commerce and navigation with the U.S.
2. Investment:
Must make a substantial, irrevocably committed, and “at-risk” investment in a real, operating U.S. enterprise.
3. Business Type:
The enterprise must not be marginal. It should have the present or future capacity to generate income significantly above the living standard of the investor and family.
4. Active Role:
Investors must own at least 50% of the business or have operational control through a managerial position.
5. Source of Funds:
Must prove the legal origin of the invested funds and trace the funds from origin to investment.
Qualifying vs Non-Qualifying E-2 Investments
Typically Qualifies
Does Not Qualify
Investment in operating business
Idle cash in bank account
At-risk, committed funds
Safe assets with no risk of loss
Investor has control/management role
Passive investment (e.g. land ownership)
Substantial relative to business costs
Inadequate for business success
E-2 Visa Timeline
Inside the U.S. (Change of Status):
Standard processing: 3.8 months
Premium processing: 15 calendar days
Outside the U.S. (Consular Processing):
Varies by consulate: 2 weeks to several months
E-2 Visa Application Process
From Within the U.S.:
Confirm nationality eligibility
Prepare and file Form I-129
Include detailed business plan, financials, investment documents
Pay relevant USCIS filing fees
Optional: File Form I-907 for premium processing
USCIS issues Form I-797 if approved
From Outside the U.S.:
File Form DS-160 and DS-156E
Gather supporting documents (investment proof, business ownership, legal source of funds)
Schedule and attend an interview at U.S. consulate
If approved, visa issued and stamped in passport
Present visa at port of entry and receive I-94 record upon entry
Cost of the E-2 Visa
Application Stage
Fee
Form I-129 (USCIS)
$510–$1015
Form I-539 (for dependents)
$470
Form I-907 (Premium)
$2805
DS-160 (Consular Filing)
$315
Form I-864 (Affidavit of Support, if required)
$120
What Happens After Approval?
If Applying Inside the U.S.:
Status becomes E-2 on approval date
Authorized to work for the investment business
Must apply at consulate to travel and re-enter
If Applying Outside the U.S.:
Visa issued and stamped in passport
I-94 issued upon arrival, showing E-2 duration
Can start working immediately for the enterprise
Social Security: You’ll need a Social Security Number (SSN) to work legally
Taxes: Subject to U.S. tax laws
Acceptable E-2 Business Types
Franchises
Startups
Acquisitions of existing businesses
Retail stores, cafés, consulting agencies
Service businesses (e.g., salons, clinics)
Import/export operations (may also qualify for E-1)
Note: The business must have potential for growth and U.S. job creation
Green Card Options for E-2 Visa Holders
E-2 visa holders do not have “dual intent,” so green card transitions require strategic planning. Options include:
EB-1 (Extraordinary Ability)
EB-2 NIW (National Interest Waiver)
EB-3 (Skilled Workers)
Family-Based Green Card
E-2 Dependent Family Members
Spouse and children under 21 can obtain E-2S or E-2Y status
Spouses can apply for work authorization
Children can study in the U.S. but cannot work
Frequently Asked Questions
Can I travel on an E-2 visa? Yes. You can travel freely with an E-2 visa, but ensure you maintain ties to the enterprise and avoid long absences.
Can employees also apply for E-2 visas? Yes, if they share the same nationality as the treaty investor and serve in executive or essential roles.
Can I work for a different company? No. The E-2 visa is specific to the investment business only.
How long can I stay on an E-2 visa? Initial stay is 2 years, with unlimited 2-year renewals as long as qualifications are maintained.
Is there a minimum investment amount? No fixed minimum, but it must be “substantial” relative to business cost and sufficient for success.
Do E-2 visa holders pay U.S. taxes? Yes, based on income earned in the U.S.
Final Thoughts
The E-2 visa provides a powerful immigration pathway for entrepreneurs, executives, and investors from treaty countries. While it doesn’t lead directly to a green card, it offers renewable work and residence authorization for those willing to make a real investment in the U.S. economy.
For tailored guidance, consult with TRW Law Firm’s immigration experts.
The EB-5 visa, or Employment-Based Fifth Preference visa, is an investor immigration route to U.S. lawful permanent residence (green card) for eligible foreign nationals who invest capital in the U.S. economy and create jobs for American workers. First introduced in 1990, this program is administered by the U.S. Citizenship and Immigration Services (USCIS) through its Immigrant Investor Program Office (IPO).
Successful EB-5 applicants not only gain a path to permanent residence but also extend the benefit to their spouses and unmarried children under 21.
✦ EB-5 Visa Requirements: Eligibility Criteria
To qualify for an EB-5 visa, an applicant must:
🟩 Invest in a New Commercial Enterprise: The business must be for-profit and established after November 29, 1990. Older businesses must be significantly restructured or expanded by at least 40% in either net worth or number of employees.
🟩 Minimum Capital Investment:
$1,050,000 in standard areas (post March 15, 2022)
$800,000 in a Targeted Employment Area (TEA)
🟩 Job Creation: The investment must lead to the creation or preservation of at least 10 full-time jobs for U.S. workers within two years.
🟩 Investor Engagement: The investor must be involved in the day-to-day management or policy formation of the business.
✦ Investment Types Accepted
The capital invested can include:
Cash
Equipment
Inventory
Tangible property
Indebted assets secured by the investor
✦ Types of Enterprises
Eligible businesses include:
Corporations
Limited partnerships
Joint ventures
Sole proprietorships
Holding companies with wholly-owned subsidiaries
Public or private businesses
✦ Application Process for EB-5 Visa
1. Form I-526: Immigrant Petition by Standalone Investor
This establishes the investor’s eligibility. The form must demonstrate:
📅 In the U.S.: File Form I-485 (Adjustment of Status)
Processing Time: 6–8 months
Filing Fee: $1,440
📅 Outside the U.S.: File Form DS-260 (Immigrant Visa Application)
Processing Fee: $325
Affidavit of Support Fee: $120
3. Conditional Green Card
If approved, the applicant receives a conditional green card valid for 2 years.
4. Form I-829: Removal of Conditions
Must be filed within 90 days of green card expiration.
Filing Fee: $9,525
Processing Time: 22–48.5 months
✦ EB-5 Visa Costs Overview
Stage
Form
Fee
I-526 Petition
I-526
$11,160
Adjustment of Status (U.S.)
I-485
$1,440
Consular Processing (Abroad)
DS-260 + Affidavit
$445
Removal of Conditions
I-829
$9,525
Total (U.S. applicant)
$21,130
Total (Non-U.S. applicant)
$22,225
✦ Targeted Employment Area (TEA)
TEAs include:
Rural regions (population < 20,000)
Areas with unemployment rates at least 150% of national average
Investing in TEAs offers lower capital thresholds.
✦ Direct vs. Regional Center Investment
🟩 Direct Investment:
Investor has hands-on managerial role
Must directly create 10 jobs
🟩 Regional Center Investment:
Investor can be passive
Allows for indirect job creation
Common in high-unemployment or rural areas
Administrative fees for Regional Centers range from $50,000 to $70,000.
✦ Benefits of the EB-5 Visa
🟩 Permanent residency for the investor and qualifying family members 🟩 Freedom to live and work anywhere in the U.S. 🟩 Access to U.S. education and healthcare systems 🟩 Path to U.S. citizenship after 5 years
✦ FAQs on EB-5 Investor Visa
What is a troubled business? A business that has been operating for at least 2 years and incurred a net loss equal to at least 20% of its net worth in the 12-24 months preceding the I-526 filing.
Can I include my family? Yes. Your spouse and unmarried children under 21 can receive green cards.
What happens if Form I-829 is denied? Your conditional green card expires, and USCIS may issue a Notice to Appear (NTA) for removal proceedings.
What if I want to work during the process? Once you receive conditional residence, you may live and work freely in the U.S. No separate work authorization is required.
✦ Final Thoughts
The EB-5 program remains one of the most straightforward paths to permanent residency through investment. However, it requires extensive documentation, strategic planning, and significant financial commitment.
At TRW Law Firm, our experienced immigration team can guide you from your initial investment through to the final green card issuance.
Your Legal Gateway to Special Immigrant Status in the United States
The EB-4 visa is a unique employment-based green card route, designed to grant permanent residency to individuals falling under specific special immigrant categories. At TRW Law Firm, we specialize in guiding applicants—whether religious workers, international organization employees, or armed forces members—through this complex but rewarding process.
📌 What is an EB-4 Visa?
The EB-4 visa is part of the fourth preference category under U.S. employment-based immigration. It provides lawful permanent resident (green card) status to special immigrants who meet specific eligibility criteria. Unlike other employment-based categories (such as EB-1 or EB-2), the EB-4 does not generally require labor certification and covers a broader array of applicant profiles.
Common Categories under EB-4:
✉️ Religious Workers (ministers, priests, religious functionaries) ✉️ Broadcasters (employed by international broadcasters like Voice of America) ✉️ Certain Physicians (serving in designated underserved areas) ✉️ International Organization Employees (e.g., UN, World Bank) ✉️ Armed Forces Members (current or former members with qualifying service) ✉️ Afghan or Iraqi nationals who supported U.S. operations
💲 EB-4 Visa Cost Breakdown
For Applicants Within the U.S.:
Form I-360 Filing Fee: $515
USCIS Immigrant Fee: $235
Form I-485 (Adjustment of Status): $1,440
For Applicants Outside the U.S.:
Form I-360 Filing Fee: $435
Form DS-260 (Immigrant Visa): $345
Form I-864 (Affidavit of Support): $120
Note: Medical exam, biometrics, and document translation fees are separate.
⏳ EB-4 Processing Timeline
Form I-360: Average of 3 months for USCIS review.
Visa Availability: Depends on category and country. Some categories are subject to quotas.
Form I-485 (Adjustment of Status): 6.9 months average if filing from within the U.S.
Consular Processing: Depends on local embassy workload, often 3 to 6 months.
Track your case via the USCIS Case Status Tool. (Remove link for final version if not allowed.)
🔐 EB-4 Eligibility Criteria
You may qualify under EB-4 if you are:
A Religious Worker entering to work full-time for a nonprofit religious organization.
A Broadcaster hired by a U.S. media arm of a foreign government.
A Physician fulfilling service obligations in underserved areas.
An Employee of an International Organization with a qualifying work history.
An Armed Forces Member with 12+ years of honorable U.S. military service.
A Juvenile declared dependent on the court for abuse, neglect, or abandonment (SIJ category).
✉️ How to Apply for the EB-4 Visa
Step-by-Step Process:
Filing Form I-360:
Your sponsoring organization/employer submits Form I-360 with supporting documents.
USCIS Review:
USCIS evaluates the submission and requests further evidence if needed.
Approval & Visa Availability:
Upon I-360 approval, wait for visa number availability (if applicable).
Green Card Application:
Inside U.S.: File Form I-485 (Adjustment of Status).
Outside U.S.: File DS-260 (Consular Processing) and attend a visa interview.
Interview & Medical Exam:
Attend a USCIS interview (if within the U.S.) or a consular interview abroad.
Complete a medical exam by a designated panel physician.
Green Card Issuance:
If approved, receive your permanent resident card.
📄 Required Documents
Form I-360, with evidence per category
Valid passport and identity documents
Birth and marriage certificates
Religious certification (if applicable)
Employment verification (letters, contracts)
Military or organizational documentation
Medical exam results
Form I-864 (Affidavit of Support, if needed)
Two U.S.-style passport photographs
Police clearance certificates
Pro Tip from TRW: Keep photocopies of everything you submit.
❓ EB-4 Visa FAQs
1. Do I need a sponsor? Yes, most EB-4 categories require a petitioning organization, except for certain SIJ or armed forces scenarios.
2. Can I include dependents? Yes. Spouses and unmarried children under 21 may be included.
3. Can I work freely in the U.S. on EB-4? Generally, yes—but employment may need to align with your EB-4 category (e.g., continue working for the sponsoring organization).
4. Are there quotas? Some categories are subject to visa caps. Religious workers and others may face delays due to quota backlogs.
5. Can I change employers or roles? Changes are possible in some cases but should be handled with legal advice. Employment generally needs to remain consistent with your original petition.
🚀 Why Choose TRW Law Firm?
At TRW Law Firm, we specialize in employment-based and special immigrant visas, with a success rate that speaks for itself. Whether you’re a religious worker, a foreign physician, or an international civil servant, we can help you structure your petition and supporting documents to meet USCIS expectations.
Let TRW Law Firm guide you through the EB-4 process—from petition to green card.
Understand the cost, requirements, processing time, and application steps for the EB-3 visa — your path to U.S. permanent residency as a skilled, professional, or unskilled worker.
🌐 What Is the EB-3 Visa?
The EB-3 visa is a U.S. employment-based immigrant visa under the third preference category. It grants foreign workers lawful permanent residence (green card) status to live and work in the United States.
It is open to three subcategories:
EB-3(A) Skilled Workers: Jobs requiring at least two years of experience or training.
EB-3(B) Professionals: Jobs requiring a U.S. bachelor’s degree or foreign equivalent.
EB-3(C) Other Workers: Jobs requiring less than two years of experience (unskilled labor).
All EB-3 visa applicants must have a job offer from a U.S. employer and undergo the PERM labor certification process.
💸 EB-3 Visa Costs
For Applicants Inside the U.S. (Adjustment of Status):
Form I-140 (Petition): $715 (paid by employer)
Form I-485 (Green Card): $1440
USCIS Immigrant Fee: $235
For Applicants Outside the U.S. (Consular Processing):
Form I-140: $715
DS-260 (Visa Application): $345
Form I-864 (Affidavit of Support): $120
USCIS Immigrant Fee: $235
Note: There is no fee for PERM labor certification itself, but employers may incur attorney fees and recruitment expenses.
🕒 EB-3 Visa Processing Time (2025)
Stage
Estimated Time
PERM Labor Certification
~12 months
I-140 Processing
~7.6 months
Premium Processing (optional)
15 calendar days
I-485 (Adjustment of Status)
7 – 32.5 months
Consular Interview Processing
Depends on embassy
Processing timelines may vary by country and workload.
👥 EB-3 Visa Eligibility
EB-3(A): Skilled Workers
At least 2 years of relevant training or work experience
Permanent full-time job offer from a U.S. employer
No available qualified U.S. workers for the position
EB-3(B): Professionals
A U.S. bachelor’s degree or foreign equivalent
The job must require a bachelor’s degree
Cannot substitute work experience for education
EB-3(C): Other Workers (Unskilled Labor)
Capable of performing unskilled work (<2 years of experience or training)
Full-time permanent job offer
Employer must prove no qualified U.S. workers are available
📝 How to Apply for the EB-3 Visa
Step 1: PERM Labor Certification
Employer must:
Prove job offer is permanent and full-time
Meet the prevailing wage requirements
Conduct mandatory recruitment efforts:
Job order with State Workforce Agency
Two Sunday print ads
Internal notice to current employees
File ETA Form 9089 with the Department of Labor (DOL).
Step 2: File Form I-140 with USCIS
Once PERM is approved, employer files Form I-140 (Immigrant Petition for Alien Worker):
Demonstrate the employer’s ability to pay wages
Prove applicant’s qualifications
Premium processing is available for $2,805 (optional).
Step 3: Apply for Green Card
If inside the U.S. (Adjustment of Status):
File Form I-485 once visa becomes available
Submit:
Birth certificate
Medical exam (Form I-693)
Financial support documents
Identity and status records (I-94, etc.)
If outside the U.S. (Consular Processing):
File Form DS-260 through National Visa Center (NVC)
Attend medical exam and interview at U.S. Embassy/Consulate
Bring:
Passport
Police certificates
Civil documents
✅ EB-3 Visa Benefits
Lawful permanent residency in the U.S.
Bring spouse and unmarried children under 21 as dependents
Dependents may apply for work permits and green cards
Pathway to U.S. citizenship after 5 years
Flexibility to change employers in specific conditions (AC21 portability)
🔍 Visa Bulletin & Priority Dates
The Visa Bulletin, updated monthly by the State Department, dictates visa availability.
Your priority date (I-140 filing date) determines when you can proceed with Form I-485 or DS-260.
The EB-2 National Interest Waiver (NIW) is a subcategory of the employment-based second preference (EB-2) visa that allows foreign nationals with either an advanced degree or exceptional ability to apply for U.S. permanent residency without the need for a job offer or labor certification (PERM), if their proposed endeavor is in the national interest of the United States.
This unique visa pathway is ideal for professionals, researchers, scientists, entrepreneurs, and experts in fields such as technology, health, culture, education, and more.
Benefits of EB-2 NIW
✉️ No requirement for a U.S. employer or job offer ✉️ No PERM labor certification requirement ✉️ Self-petitioning allowed ✉️ Pathway to lawful permanent residence (Green Card)
EB-2 NIW Eligibility Requirements
To qualify for the EB-2 NIW visa, applicants must meet both:
✔ One of the Two Basic EB-2 Criteria:
Advanced Degree: Equivalent to a U.S. master’s degree or higher (or a U.S. bachelor’s degree plus 5 years of post-bachelor progressive work experience).
Exceptional Ability: A level of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
✔ Plus All Three NIW Criteria:
The proposed endeavor must have substantial merit and national importance.
The applicant must be well-positioned to advance the proposed endeavor.
On balance, it must benefit the U.S. to waive the job offer and labor certification requirements.
What Is Considered “Substantial Merit and National Importance”?
The proposed endeavor should contribute significantly to areas like:
✅ Scientific research ✅ Public health ✅ Education reform ✅ National infrastructure ✅ Technology or cybersecurity ✅ Job creation in distressed U.S. regions
It need not be national in geographic scope; localized endeavors that yield national impact may also qualify.
Evidence for EB-2 NIW Application
For National Interest Waiver Criteria:
Project plan or research proposal
Letters from industry experts or government officials
Awards, patents, media coverage
Evidence of public benefit or support (grants, contracts, stakeholder letters)
For Advanced Degree Category:
Degree certificates
Academic transcripts
Letters showing 5+ years of experience post-bachelor’s
For Exceptional Ability Category (need 3 of the following):
Academic record or certifications
10+ years of experience
Licenses or memberships
Published work, citations, or conference presentations
Salary proof indicating high demand or distinguished ability
Application Process
Prepare Evidence & File Form I-140: Petition for Alien Worker with documentation.
Visa Bulletin Review: Wait for priority date to become current.
Green Card Application:
If in U.S.: File Form I-485 (Adjustment of Status)
If abroad: Apply via Consular Processing (DS-260)
Attend Biometrics & Interview
Receive Green Card
EB-2 NIW Timeline
Form I-140 Processing: 10.5 – 26.5 months
I-485 (if in U.S.): Up to 2 years or more
Consular Processing: 4–6 months after I-140 approval
Concurrent filing of I-140 and I-485 possible if priority date is current.
EB-2 NIW Costs
Form I-140: $715
I-485 (Adjustment of Status): $1,440 + biometrics
Medical Exam: $200–400
Consular Processing: $345 (if abroad)
Background: Dhanasar v. NYSDOT
In 2016, the AAO (Administrative Appeals Office) overturned the older framework (Matter of NYSDOT, 1998) with a more flexible test in Matter of Dhanasar. The updated test eliminated ambiguous requirements and focused on broader societal benefit, feasibility of the endeavor, and the impracticality of a labor certification.
Strategic Recommendations by TRW Law Firm
✅ Customize your narrative: USCIS wants a cohesive story, not just documents. ✅ Prepare expert letters: These are often critical for success. Ensure they:
Are written by independent experts
Describe your specific contributions
Highlight the national interest ✅ Focus on real-world outcomes: Your past accomplishments and future plans must clearly show impact.
FAQs About EB-2 NIW
1. Can I self-petition? Yes, the NIW allows you to file without a job offer or employer sponsorship.
2. Can I use old recommendation letters? No. You need tailored expert letters that match the NIW framework.
3. Is the NIW the same as a National Interest Exception (NIE)? No. An NIW waives job offer/labor certification requirements. NIE refers to temporary travel exemptions.
4. Can entrepreneurs apply? Yes. You can show your business will benefit the U.S. economy, even if localized.
5. Can I file a green card application with the I-140? Only if your priority date is current per the Visa Bulletin.
6. Can TRW Law Firm help me? Absolutely. We handle hundreds of NIW and EB applications annually with personalized strategy and document support.
Other Employment-Based Options
EB-1 Visa: For extraordinary ability, multinational executives, and outstanding professors
EB-3 Visa: For skilled workers and professionals
EB-4 Visa: For religious workers and other special immigrants
TRW Law Firm provides expert U.S. immigration legal services from Bangladesh, ensuring end-to-end support for NIW and employment-based green cards. Let us turn your extraordinary potential into a secure U.S. future.
Table: EB-2 NIW Overview
Aspect
Details
Eligibility
Advanced degree or exceptional ability + 3-prong NIW test
Self-Petition
Allowed
Job Offer Required
No
Labor Certification
Waived
Filing Fee
$715 (I-140)
Processing Time
10.5–26.5 months (I-140), 4–6 months consular
Work Authorization
After Adjustment of Status (EAD), or on green card approval
Green Card Validity
10 years (renewable)
Path to Citizenship
After 5 years as a green card holder
For tailored advice and a professionally managed NIW petition, trust TRW Law Firm — your bridge to U.S. residency.
