United States
ChileCompare visas
E-2 vs EB-2
On an E-2 you invest in your own business and direct it with at least 50% control, with no employer sponsoring you. The EB-2 green card is residence for people with an advanced degree or exceptional ability, and normally requires an employer and a PERM certification unless you qualify for a National Interest Waiver. Because the E-2 does not allow dual intent, moving from it to an EB-2 takes careful timing.
These two categories differ on 9 of 10 criteria. The full table is below, but if you only have a minute, these are the differences that decide a case.
Where they part ways
What it is for
E-2 Direct your own US business
EB-2 Residence for an advanced degree or exceptional ability
Needs a sponsor
E-2 No, the investment is yours
EB-2 Yes, except with a National Interest Waiver
Annual cap
E-2 No cap
EB-2 28.6% of the annual employment-based total
Prior USCIS petition
E-2 No, straight to the consulate
EB-2 Yes, I-140 and PERM unless NIW
Duration
E-2 Renewable indefinitely
EB-2 Permanent
Dual intent
E-2 Not allowed
EB-2 It is residence itself
Spouse may work
E-2 Yes, authorised by the status
EB-2 Yes, derivative residence
Path to residence
E-2 Not on its own
EB-2 It is the residence
Chile's position
E-2 A treaty country since 2004
EB-2 None of the backlogs that affect India and China
Full comparison
| Criterion | E-2 E-2 visa | EB-2 EB-2 green card |
|---|---|---|
| What it is for The activity the category authorises. | Direct your own US business | Residence for an advanced degree or exceptional ability |
| Needs a sponsor Whether someone else has to petition for you. | No, the investment is yours | Yes, except with a National Interest Waiver |
| Annual cap How many are issued per fiscal year. | No cap | 28.6% of the annual employment-based total |
| Lottery Whether access depends on a random selection. | None | None |
| Prior USCIS petition Whether a form must be approved before the consulate. | No, straight to the consulate | Yes, I-140 and PERM unless NIW |
| Duration Initial term and cumulative ceiling. | Renewable indefinitely | Permanent |
| Dual intent Whether you can pursue residence without risking the status. | Not allowed | It is residence itself |
| Spouse may work Whether your partner is authorised to work. | Yes, authorised by the status | Yes, derivative residence |
| Path to residence Whether it leads to a green card or is one already. | Not on its own | It is the residence |
| Chile's position What being Chilean changes. | A treaty country since 2004 | None of the backlogs that affect India and China |
Figures verified on 2026-09-11
This table is general guidance, not legal advice or an eligibility assessment.
Neither one is yours?
Answer four questions and we will tell you which category to start with, and why.
Take the testWant to confirm which one applies to you?
The right category depends on the role, your background and your immigration history. We review it with you at no cost.
You pay in stages, as your case moves forward.
We do not ask for the full amount upfront, as is customary in this industry. Our commitment is to your case progressing, and the billing is built around that.