The E-2 Treaty countries are a list of nations from across the world that have a treaty agreement in place with the United States, allowing their citizens to apply for an E-2 Treaty Investor Visa.

The E2 visa permits investors from these countries to enter the US to develop and operate a business. The E-2 Visa is particularly beneficial for those looking to expand their business presence in the US without the need for permanent residency.

In this guide for E2 visa applicants, we set out the E-2 Treaty Countries list and share practical insights into what applicants need to do to prove they meet the nationality and other criteria for the Treaty Investor visa.

Section A: What are E-2 Treaty Countries?

One of the first requirements when assessing eligibility for the E-2 Treaty Investor visa is that the visa applicant must be a national of a country designated by US Congress as eligible for participation in the relevant nonimmigrant visa program. This means being on the list of E2 Treaty countries.

E2 treaty countries have a treaty of commerce in place with the United States, which, among other benefits, allows citizens to have reciprocal nonimmigrant status.

1. Overview of the E-2 Treaty Investor Visa

The E-2 Investor Visa is a nonimmigrant visa that allows nationals of countries with a qualifying treaty with the United States to enter and work in the US by investing in and managing a business.

The E-2 Visa was designed to promote economic cooperation between the US and other countries by encouraging investment. Its primary purpose is to enable foreign nationals to start, acquire, or manage a business in the United States.

The E2 visa is arguably one of the most attractive US visa classifications. Unlike other visa categories, the E-2 Visa focuses on entrepreneurship and job creation and allows the visa holder to be accompanied by their spouse and children, making it a favoured option for individuals and families who want to start or expand their business operations in the US.

The visa is temporary, meaning it does not directly lead to permanent residency. However, it offers a renewable stay of up to two years, with the possibility of unlimited extensions as long as the business remains operational and compliant with visa requirements.

However, the qualifying criteria for the E-2 visa are strict, and it will be important to ensure you meet these requirements and provide sufficient evidence within your petition.

2. What is a Treaty of Commerce and Navigation?

A Treaty of Commerce and Navigation is an agreement between two or more countries that establishes the terms and conditions under which they will engage in trade and other commercial activities, including the rights of their citizens to operate businesses, invest, and travel across borders.

These treaties are often part of diplomatic agreements and may cover various aspects, such as:

a. Trade and Investment: The treaty provides provisions for the free exchange of goods and services between the countries involved. It often includes favorable conditions for businesses and investors from each country to operate in the other’s territory.

b. Business Rights: Citizens and companies from the treaty countries are granted specific legal rights to engage in commercial activities in each other’s countries, such as establishing businesses, operating investments, and managing enterprises. This is particularly important for visa programs like the E-2 Investor Visa, which allows individuals from treaty countries to enter and work in the US by investing in or managing a business.

c. Navigation and Transportation: Historically, these treaties also included provisions for the freedom of navigation and the use of ports, facilitating shipping and maritime trade between the signatory nations.

d. Diplomatic Relations: These treaties can also serve as a broader framework for fostering diplomatic relations and cooperation on economic matters, ensuring fair and transparent rules for cross-border business and commerce.

An example is the treaty between the United States and Japan, which allows Japanese nationals to apply for the E-2 Visa to invest in and manage a business in the US Similarly, other countries like the UK, Argentina, Germany, and Italy have such treaties with the US, allowing their citizens to benefit from the E-2 Investor Visa program.

The requirements of the E2 visa are aligned to the treaty provisions, such as investing a substantial amount in the US whilst also creating jobs for US workers.

Section B: E2 Visa Nationality Requirement

The E-2 Visa is available only to nationals of countries that have a treaty of commerce and navigation with the United States. However, the nationality requirement applies differently to the principal applicant, as well as any employees and dependents.

1. E-2 Visa Applicants – The Principal Applicant (Investor)

The principal applicant for the E-2 Visa is an investor who is making a substantial investment in a US-based business. The investor must meet the following nationality requirements:

a. The applicant must be a citizen of an E-2 treaty country. This means they must hold a passport issued by a country that has an E-2 treaty with the United States.

b. If the investor holds dual nationality, they must apply for the E-2 visa using their nationality from the E-2 treaty country. Simply holding a passport from a treaty country is not sufficient; the applicant must demonstrate strong ties, such as domicile or primary residency, to that treaty country.

c. The business itself must also be majority-owned (at least 50%) by nationals of the same E-2 treaty country. If the business ownership is shared, the majority owners must be from the same treaty country.

2. E-2 Employees

The E-2 Visa allows investors to bring essential employees to the US, but there are specific nationality requirements for these employees:

a. The employee must hold the same nationality as the E-2 visa-holding investor or business owner. For example, if the business is owned by Japanese nationals, then employees applying for E-2 status must also be Japanese nationals.

b. The employee must be coming to the US to work in a managerial, executive, or specialized skills position that is essential to the success of the business. Employees performing routine tasks or jobs that can be filled by local workers are not eligible.

c. The employee’s role must be directly tied to the E-2 business. The E-2 visa does not allow for employment outside the scope of the sponsoring company.

d. Employees cannot use dual nationality to circumvent the nationality requirement. They must apply under the nationality that matches the treaty country of the investor.

3. E-2 Spouses and Dependents

The spouse and unmarried children under 21 years of age of an E-2 visa holder are also eligible to join the primary visa holder in the US. The nationality requirements for dependents are less stringent compared to the investors and employees:

a. Spouses and dependents do not need to share the same nationality as the E-2 investor. For example, if the investor is a German national, their spouse can hold citizenship from any country.

b. The E-2 spouse can apply for work authorization in the US, allowing them to work for any employer or start their own business. This work authorization is independent of the E-2 visa and does not require the spouse to be tied to the treaty country.

c. Children on an E-2 dependent visa can attend school in the US but cannot work. Once children turn 21, they will no longer qualify as dependents under the E-2 visa and may need to change their status to remain in the US.

d. Unlike the principal applicant or employees, there are no domicile or nationality restrictions for the spouse or children beyond being legally related to the E-2 visa holder.

Section C: E-2 Treaty Countries List

You will need to check whether your country of nationality has the required treaty in place before making an E-2 visa application.

The countries in the following table are classed as E2 treaty countries:

[insert table 1]

The list of countries that have signed a treaty agreement with the US is extensive and subject to change. For the most up-to-date version and to check whether specific conditions apply to your country (for example, relating to residence in overseas territories), you should take advice before making your visa application and consult the State Department website for the most up-to-date information about the E2 treaty countries.

1. Country-Specific Notes

Certain provisions apply on a country-by-country basis, making it important to take professional advice on your application to ensure any such idiosyncrasies are taken into account in your application.

Examples include:

a. China (Taiwan): The agreement with Taiwan, administered by the American Institute in Taiwan, is based on the Taiwan Relations Act and does not imply official recognition of Taiwan.

b. Czech Republic and Slovak Republic: The treaty with the Czech and Slovak Federal Republic came into effect in 1992. It became applicable to the separate states of the Czech Republic and Slovak Republic in 1993.

c. Denmark: The treaty does not apply to Greenland, despite entering into force in 1961.

d. France: The treaty, effective from 1960, applies to French departments like Martinique, Guadeloupe, French Guiana, and Reunion.

e. Japan: The treaty, effective from 1953, includes the Bonin Islands (1968) and Ryukyu Islands (1972).

f. Netherlands: The treaty, effective from 1957, applies to Aruba and the Netherlands Antilles.

g. Norway: The treaty, effective in 1932, does not apply to Svalbard and some smaller islands.

h. Spain: The treaty, effective in 1903, is applicable to all territories of Spain.

i. Suriname: The treaty with the Netherlands, effective from 1957, was made applicable to Suriname in 1963.

j. United Kingdom: The treaty applies only to British territories in Europe and nationals residing permanently in those areas. It does not apply to Commonwealth members other than the UK.

k. Yugoslavia: The treaty still applies to successor states like Bosnia, Croatia, Macedonia, Slovenia, Montenegro, Serbia, and Kosovo after the dissolution of the Socialist Federal Republic of Yugoslavia.

l. Australia: The E-3 visa is available for Australians in specialty occupations requiring a bachelor’s degree or its equivalent.

m. Bolivia: Bolivians with investments in the US before June 10, 2012, can maintain E-2 status until 2022, with restrictions on new applicants.

n. Ecuador: Ecuadorians with qualifying investments made by May 18, 2018, may continue with E-2 status until 2028, with limitations on new applicants.

o. Israel: Israel’s E-1 status for traders was modified by Public Law 112-130 in 2012, granting E-2 status for investors starting May 1, 2019, after Israel reciprocated with similar visa treatment for US nationals.

p. New Zealand: As of June 10, 2019, New Zealand nationals are eligible for E-1 and E-2 visas under Public Law 115-226, which was enacted in 2018.

q. Portugal: Starting March 15, 2024, Portugal will grant E-1 and E-2 status to US nationals under Public Law 117-263, enacted in 2022.

2. Impact of Treaty Country on E2 Visa Validity

Your nationality will also determine the potential maximum duration of your E2 visa. Each Treaty country has a maximum duration for the length of time the E2 visa is valid for, as well as the number of times they are permitted to re-enter the country on the E2 visa.

You are advised to check the maximum duration for your nationality as this may impact your plans or the suitability of the E visa for your needs.

Examples include:

a. UK nationals could be granted an E-2 visa for 5 years with the opportunity to re-enter the US multiple times.

b. Bolivian nationals may only be granted an E-2 visa for 3 months and are unable to enter more than once.

c. Danish nationals have the full 60 months available and the option to re-apply and re-enter on their E-2 visa as long as all conditions are still being met.

d. E2 visas for Georgian nationals are valid for only 12 months, but there is no limit to the number of times the E-2 visa can be renewed.

Note also that the Treaty between the US and UK, which provides for E-2 classification, requires that UK citizens reside in the UK at the time they apply for their E-2 visa. However, there is no strict formula for proving residence. Factors such as maintaining a residence and a job in the UK can strongly support the fact that a residence has been maintained.

Section D: If your Country is on the E2 Treaty List Country List

If your country is on the E-2 Treaty Country List, you may be eligible to apply for an E-2 Investor Visa to the United States, provided you meet the specific requirements outlined by the US government.

1. Eligibility Criteria

As well as the nationality requirements, you also have to meet the the following:

[insert table 2: Key Requirements for the E-2 Visa]

a. Substantial Investment

The E-2 Visa requires that the applicant invests a substantial amount of money in a US business. While there is no specific minimum investment threshold, it must be sufficient to ensure the successful operation of the business. The amount required varies depending on the type of business, with higher-risk industries typically needing larger investments.

b. Real, Active Business

The investment must be in a bona fide enterprise, which means the business should be actively engaged in providing goods or services. Passive investments, such as purchasing real estate for speculation, do not qualify.

c. Business Viability

The enterprise should not be a marginal business solely for the purpose of earning a living. It must have the potential to generate significant income or create jobs for US workers beyond just supporting the visa holder and their family.

d. Operational Role

The applicant must play a significant role in the business, either as an owner, manager, or key executive responsible for its growth and success. This ensures that the investor is actively involved in the management of the business and not just a silent partner.

e. Control of the Business: The investor must either own at least 50% of the business or have operational control through a managerial position.

f. Job Creation: The business must create job opportunities for US workers, though this requirement can vary depending on the size of the business.

Employees seeking to travel on an E2 visa will need to prove that they are either taking up an executive/supervisory role or that they have qualifications and skills that are essential to the US operations, while spouses will need to prove they are legally married to the principal visa holder.

2. Apply for the E-2 Visa

The application process for the E2 visa involves multiple stages. Your prospects of success will hinge largely on the quality of the documentation you compile to support your application.

Step 1: Establish and Register the US Business

Before applying for an E-2 visa, you must first establish a legitimate and active business in the US unless you are investing in an established enterprise.

The business should be a real, active enterprise that is not marginal (i.e., it should have the capacity to generate income that can support you and your family).

You will need to register your business with the appropriate state and local authorities in the US. This typically involves choosing a business structure (LLC, corporation, etc.) and filing necessary documents, such as Articles of Incorporation, with the state where you intend to operate.
Depending on the nature of the business, you may need to apply for specific licenses or permits to legally operate in the US.

Step 2: Make a Substantial Investment
To qualify for the E-2 Visa, you must make a substantial investment in a US business. While there’s no fixed amount, it should be significant enough to cover the business’s startup costs and demonstrate commitment.

The investment must be at-risk capital, meaning that the funds are committed and subject to loss if the business fails.

Step 3: Develop a Business Plan

Create a detailed business plan outlining the nature of the business, projected financials, and job creation plans. The business must be a real, active, and operational enterprise that is not merely marginal (i.e., it should generate more than enough income to support you and your family).

Step 4: Gather the Required Documentation

To prove the nationality requirement for an E2 visa, both the treaty investor and any E2 employees must demonstrate that they are nationals of a country that has an active treaty of commerce and navigation with the United States.

A valid passport from the treaty country is the most straightforward way to prove nationality. The passport must be current and unexpired and should clearly show your citizenship of the treaty country.

For E2 employees, their passport must match the treaty country of the E2 investor or business owner.

If the applicant has dual citizenship, they must use the passport from the treaty country when applying for the E2 visa.

The US consulate will only consider the nationality of a treaty country, even if the applicant holds another passport.

For individuals who became citizens of a treaty country through naturalization, a naturalization certificate or similar official document can be used alongside the passport.

The E2 business must be at least 50% owned by nationals of the treaty country. Proof of ownership can include stock certificates, incorporation documents, and a list of shareholders showing treaty nationality.

In cases where the company is owned by another entity, the ownership chain must be traced to individuals who are nationals of the treaty country.

You also need to compile documents to prove your investment and that your business is legitimate, including:

[Insert table 3: Common E-2 Visa Application Forms and Documents]

a. Financial Proof: Provide evidence of the source of your funds, such as bank statements, loan agreements, or asset sales. The funds must be legally acquired and fully at your disposal.

b. Business Documentation: This includes your business plan, incorporation documents, lease agreements, contracts, and any licenses required to operate.

If you are applying as an employee or executive of the E-2 business, you will also need to complete Form DS-156E (Treaty Trader/Investor Application).

Step 5: Submit Your Application to the US Embassy or Consulate

Submit the visa application and supporting documents to the US consulate or embassy in your home country, and pay the visa processing fees.

Schedule an interview appointment with the US Embassy or Consulate in your home country.

Processing times can vary by country, so it’s advisable to apply well in advance of your planned travel date.

Step 6: Prepare for the Visa Interview

You will be required to attend an interview at the US consulate or embassy, where you will answer questions about your business and investment plans.

Practise responses to common questions, such as the purpose of your business, the amount of your investment, and how you plan to generate income and create jobs.

Dress professionally, bring all original documents, and ensure you have clear answers regarding the viability and profitability of your business.

Step 7: Wait for Visa Approval

After the interview, if everything is in order, the consulate will process your E-2 visa application. Once approved, you will receive your E-2 visa, allowing you to enter the US to manage your business.

Section E: If your Country is Not on the E2 Treaty List Country List

Nationals from countries that are not on the E-2 Treaty Country List are not automatically eligible to apply for an E-2 Investor Visa to the United States. However, there may be options to consider.

1. Dual Nationality or Citizenship in an E-2 Treaty Country

If you hold or can obtain citizenship in a country that has an E-2 treaty with the US, you may be eligible for an E-2 visa. For example, if you are originally from a non-treaty country but have a second nationality from a country with an E-2 treaty, you can apply for an E-2 visa as a citizen of that country.

2. Citizenship by Investment

Some countries offer citizenship-by-investment programs, where you can acquire citizenship by making a significant financial investment. If the country you invest in has an E-2 treaty with the US, you may qualify for an E-2 visa.

However, it’s important to note that US immigration regulations require applicants to be “domiciled” in the treaty country, meaning you must have a principal place of residence there. Simply obtaining citizenship from a treaty country without establishing domicile does not meet the E-2 visa requirements. You must be genuinely connected to the treaty country to rely on this for your E2 visa application and not merely holding dual nationality to circumvent the nationality requirement.

3. Explore Other US Visa Options

The EB-5 Visa is a possible alternative option for investors. It requires a larger investment ($1 million, or $500,000 in designated targeted employment areas) and offers a pathway to permanent residency (Green Card). This program is available to citizens of most countries, even those without an E-2 treaty.

[Insert table 6: Comparison: E-2 Visa vs. EB-5 Visa]

If you have worked in a foreign office of a company for at least a year and are transferring to a US branch, subsidiary, or affiliate, you might be eligible for an L-1 visa.

If you are employed in a specialty occupation (requiring a higher education degree or its equivalent), you may qualify for an H-1B visa. While this is not an investor visa, it allows you to work for an employer in the US.

If you have extraordinary abilities in your field (science, arts, business, education, etc.), the O-1 visa may be a potential alternative.

An immigration attorney can help explore alternative visa options, guide you through possible legal workarounds (such as acquiring citizenship in a treaty country or finding other visa paths), and assist in determining the best route for your specific situation.

Section F: E2 Visa Success Stories

The E-2 Visa program has been a stepping stone for countless entrepreneurs looking to expand their businesses and achieve success in the US Through this visa, investors from E-2 Treaty Countries have not only been able to establish thriving enterprises in the United States but have also contributed to job creation, innovation, and economic growth.

The following are examples of investors who have benefited from the E-2 Visa and are flourishing under the program.

Case Study 1: A French Entrepreneur in the Hospitality Industry

One of the most remarkable success stories comes from a French investor who used the E-2 Visa to open a high-end restaurant in New York City. With an initial investment of $600,000, the entrepreneur was able to secure prime real estate, hire local staff, and create a luxurious dining experience that quickly became popular among locals and tourists alike.

The restaurant saw rapid success, achieving profitability within the first year. It created jobs for over 20 US workers and expanded to multiple locations across the city within five years.

The E-2 Visa allowed this entrepreneur to tap into the highly competitive New York dining scene while gaining access to US business resources, such as local financing and strategic partnerships.

Case Study 2: A Japanese Tech Startup

A Japanese entrepreneur with a background in software development used the E-2 Visa to establish a technology startup in Silicon Valley. The business focused on creating AI-driven applications for enterprise clients. With an investment of $750,000, the entrepreneur partnered with local developers and began building custom software solutions for U.S.-based companies.

The startup quickly gained traction in the competitive tech market, securing contracts with major US corporations. The business grew rapidly, generating millions in revenue and creating 50+ US jobs.

The E-2 Visa allowed the entrepreneur to leverage Silicon Valley’s innovative ecosystem and attract top-tier talent and investors, ultimately leading to the rapid growth of the business.

Case Study 3: A British Investor in the Retail Sector

A British investor seeking to break into the US retail market used the E-2 Visa to open a chain of eco-friendly beauty stores in California. The investor allocated $400,000 in startup capital to stock the stores with sustainable, high-quality products and create a unique shopping experience.

The stores grew quickly due to rising consumer demand for eco-conscious products. The business expanded to multiple states, employing over 30 people across the country.

With the E-2 Visa, the investor was able to capitalize on growing trends in sustainable products, gaining entry to a large and profitable market. The US retail environment provided ample opportunities for expansion and growth.

Case Study 4: A Canadian Investor in the Construction Industry
A Canadian entrepreneur who had significant experience in construction and project management used the E-2 Visa to launch a construction company in Texas. The investor’s initial capital of $1 million went toward purchasing equipment, securing office space, and hiring a team of experienced local workers.

The construction company secured multiple large contracts within its first year, including government infrastructure projects and private real estate developments. The company grew quickly, employing over 40 local workers.

This investor took advantage of the booming US construction market, especially in fast-growing states like Texas. The E-2 Visa provided the legal framework for the entrepreneur to establish a business in a highly lucrative industry.

Section G: Summary

The E2 Treaty Investor visa is available exclusively to nationals of countries that have a treaty of commerce and navigation with the United States. This means that to qualify for the E2 visa, both investors and employees must hold citizenship from one of these E2 treaty countries. It is not enough to simply reside in a treaty country; applicants must prove that they are legally recognized nationals of that country.

To demonstrate eligibility, applicants need to provide official documentation, typically in the form of a valid passport issued by the treaty country. For individuals with dual citizenship, only the nationality from the treaty country will be considered for the E2 visa.

Section H: Need Assistance?

If you are considering the E-2 visa, take advice early on to ensure you satisfy the stringent eligibility criteria, including the requirement to be a national of a Treaty investor country.

NNU Immigration specializes in US E-2 visa applications. We can advise on all aspects, from assessing eligibility to support with compiling your petition and all required supporting documentation.

We can also provide specialist guidance on alternative US entry routes where required.

Contact us for advice and support on taking the next step to realizing your US business goals.

Section I: FAQs

What is an E-2 Treaty Country?
An E-2 Treaty Country is a nation that has a specific treaty with the US allowing its citizens to apply for the E-2 Investor Visa. This visa lets individuals from those countries invest in and manage businesses in the US.

What kind of businesses qualify for an E-2 Visa?
The business must be a legitimate, active, and operating enterprise. Passive investments, such as real estate or stock portfolios, do not qualify. The business should also have the potential to generate income and create jobs for US workers.

Is there a minimum investment amount required?
There is no fixed minimum amount. However, the investment must be substantial enough to ensure the successful operation of the business. Typically, investments of around $100,000 to $500,000 are common, though smaller investments may qualify if the business can prove viability.

Can my family join me in the US on an E-2 Visa?
Yes, your spouse and children under 21 can accompany you, provided they secure a derivative visa. Your spouse can also apply for work authorization, allowing them to work for any employer in the US. However, children cannot work but can attend school.

What happens if my business fails while on an E-2 Visa?
If the business closes or fails to meet the E-2 requirements, your visa may not be renewed. This could lead to the loss of your legal status in the US, so it’s essential to ensure your business is well-planned and financially sound.

Can I apply for a Green Card with an E-2 Visa?
The E-2 visa is a nonimmigrant visa, so it does not directly lead to a Green Card. However, some E-2 visa holders explore other immigration pathways, such as the EB-5 Immigrant Investor Program or family-based petitions, to obtain permanent residency.

Can I switch businesses while on an E-2 Visa?
Switching to a new business generally requires filing a new E-2 visa application. The visa is tied to the specific business in which the investment was made, so any significant changes may require approval from US immigration authorities.

Do I need to live in the US full-time on an E-2 Visa?
While you can travel in and out of the US freely, you must show that you are actively managing the business. Spending extended periods outside the US without involvement in the business could jeopardize your visa status.

Section J: Glossary

[insert table]

Section K: Additional Resources

US Department of State – Treaty Countries List
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
This official government page provides an updated list of countries with E-2 and E-1 treaty agreements with the United States.

US Citizenship and Immigration Services (USCIS) – E-2 Visa Overview
https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
The USCIS website offers comprehensive information on the E-2 visa requirements, application process, and frequently asked questions.

US Embassy & Consulate Websites
https://usembassy.gov
Find your nearest US embassy or consulate for specific information on the E-2 visa application process in your country, including scheduling an interview and required documentation.