Here are 8 key differences between an E2 visa and an O1A visa:
1. Purpose
The O1A visa is for individuals with extraordinary ability in tjhr sciences, arts, education, business, or athletics.
The E2 visa is for foreign entrepreneurs who invest in a U.S. business.
2. Eligibility by Nationality
The O1A visa is available to individuals of any nationality.
The E2 visa is available to nationals of approximately 80 “treaty” countries, including Canada, the UK, Germany, France, Australia, Japan, South Korea, Colombia, and many more.
3. Petitioner/Sponsor
The petitioner/sponsor of an O1A visa must be a U.S. employer, a company owned by the beneficiary, or a third-party agent acting on behalf of the beneficiary, a foreign employer, or numerous employers.
Whereas an applicant for an E2 visa typically sponsors himself or herself through investment in and management of a U.S. business.
4. Visa Type
The O1A is a work visa, allowing employment in the U.S. based on extraordinary ability.
The E2 is an investor visa, requiring active management of a U.S. business investment.
5. Investment Requirement
The O1A has no investment requirement.
The E2 visa requires a substantial investment. Though the amount isn't fixed, it must be significant enough to ensure commitment to the success of the enterprise.
And U.S. immigration officials typically like to see an investment of at least $100,000.
6. Family Inclusion
With an O1A visa, your spouse and unmarried children under 21 can accompany you with O-3 visas, but they cannot work.
With an E2 visa, your spouse and unmarried children under 21 can accompany you with derivative E2 visas, and your spouse can work.
7. Renewal
The O1A visa has no specific limit on renewals, but each renewal requires demonstrating continued extraordinary ability.
The E2 visa can be renewed indefinitely as long as your U.S. business continues to operate and grow.
8. Duration
An O1A visa is issued for up to 3 years, extendable in 1-year increments.
An E2 visa is issued for up to 5 years, extendable indefinitely as long as the investment persists.
I’m Joseph Bovino, U.S. immigration and business attorney based in Miami, serving clients worldwide, and specializing in E2 and O1 visas.
Use the link below to schedule a video consultation:
https://bovinolawgroup.setmore.com
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