E2 Visa for Treaty Investor
List of E-2 Countries

An E2 visa can be obtained by an investor who is a national of a country which has a treaty of commerce and navigation with the US. The investor must be coming to the US to direct and develop the operations of an enterprise in which has invested, or is actively involved in the process of investing, a substantial amount of capital.

A petition is not required if the investor is applying for an E2 visa outside of the US.

The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.

Although there is no limit on the number of times that an E2 visa may be renewed, it is a temporary visa.  It is not to be confused with an EB-5 investor green card.

As of December 23, 2022, Section 101 (a)(15)(E) of the Immigration and Nationality Act (INA) was amended to define the eligibility criteria for E visas.

For all E-1 and E-2 filings received on or after December 23, 2022, USCIS may request additional documentation related to how the applicant obtained treaty country nationality to ensure compliance with the amended language.

In addition, for those individuals who obtained treaty country nationality through a financial investment, USCIS may require additional documentation to show that the applicant has been domiciled in the treaty country indicated in the application for a continuous period of at least 3 years at any point before applying for E-1 or E-2 classification.

The current text of the statute is as follows:

(E) an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which the alien is a national, or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years at any point before applying for a nonimmigrant visa under this subparagraph, and the spouse and children of any such alien if accompanying or following to join such alien;

Client Reviews

On November 12, 2021, USCIS issued a policy announcement to clarify that they will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status.

E2 Visa – Documentary Requirements:

An application for an E2 visa must be filed with the appropriate fee payment, and evidence that:

• The E2 visa investor is a national of a country with whom the US has the requisite treaty or agreement;
• The investor (or in the case of employees of a treaty investor who seek an E-2 visas) will direct or develop the enterprise. The investor must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
• The investor has invested in or is actively in the process of investing in the enterprise;
• The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
• The investment enterprise is not a marginal enterprise;
• If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.
• The applicant intends to depart the US upon the expiration of E-2 status.

E1/E2 Visa Treaty Countries

The chart below lists the countries that have E1 and E2 visa treaties with the U.S.

Persons who are citizens of countries which are not listed below, but who want to get E1 or E2 visas, sometimes buy citizenship in a country which is listed below.

 

Country	Classification	Effective Date
Albania	E2 Visa	January 4, 1998
Argentina	E1 Visa	October 20, 1994
Argentina	E2 Visa	October 20, 1994
Armenia	E2 Visa	March 29, 1996
Australia	E1 Visa	December 16, 1991
Australia	E2 Visa	December 27, 1991
Austria	E1 Visa	May 27, 1931
Austria	E2 Visa	May 27, 1931
Azerbaijan	E2 Visa	August 2, 2001
Bahrain	E2 Visa	May 30, 2001
Bangladesh	E2 Visa	July 25, 1989
Belgium	E1 Visa	October 3, 1963
Belgium	E2 Visa	October 3, 1963
Bolivia	E1 Visa	November 09, 1862
Bolivia	E2 Visa	June 6, 2001
Bosnia and Herzegovina 11	E1 Visa	November 15, 1882
Bosnia and Herzegovina 11	E2 Visa	November 15, 1882
Brunei	E1 Visa	July 11, 1853
Bulgaria	E2 Visa	June 2, 1994
Cameroon	E-2 Visa	April 6, 1989
Canada	E-1 Visa	January 1, 1993
Canada	E2 Visa	January 1, 1993
Chile	E-1 Visa	January 1, 2004
Chile	E2 Visa	January 1, 2004
China (Taiwan) 1	E-1 Visa	November 30, 1948
China (Taiwan) 1	E-2 Visa	November 30, 1948
Colombia	E-1 Visa	June 10, 1848
Colombia	E-2 Visa	June 10, 1848
Congo (Brazzaville)	E-2 Visa	August 13, 1994
Congo (Kinshasa)	E-2 Visa	July 28, 1989
Costa Rica	E-1 Visa	May 26, 1852
Costa Rica	E-2 Visa	May 26, 1852
Croatia 11	E-1 Visa	November 15, 1882
Croatia 11	E-2 Visa	November 15, 1882
Czech Republic 2	E-2 Visa	January 1, 1993
Denmark 3	E-1 Visa	July 30, 1961
Denmark	E-2 Visa	December 10, 2008
Egypt	E-2 Visa	June 27, 1992
Estonia	E-1 Visa	May 22, 1926
Estonia	E-2 Visa	February 16, 1997
Ethiopia	E-1 Visa	October 8, 1953
Ethiopia	E-2 Visa	October 8, 1953
Finland	E-1 Visa	August 10, 1934
Finland	E-2 Visa	December 1, 1992
France 4	E-1 Visa	December 21, 1960
France 4	E-2 Visa	December 21, 1960
Georgia	E-2 Visa	August 17, 1997
Germany	E-1 Visa	July 14, 1956
Germany	E-2 Visa	July 14, 1956
Greece	E-1 Visa	October 13, 1954
Grenada	E-2 Visa	March 3, 1989
Honduras	E-1 Visa	July 19, 1928
Honduras	E-2 Visa	July 19, 1928
Ireland	E-1 Visa	September 14, 1950
Ireland	E-2 Visa	November 18, 1992
Israel	E-1 Visa	April 3, 1954
Israel	E-2 Visa	May 1, 2019
Italy	E-1 Visa	July 26, 1949
Italy	E-2 Visa	July 26, 1949
Jamaica	E-2 Visa	March 7, 1997
Japan 5	E-1 Visa	October 30, 1953
Japan 5	E-2 Visa	October 30, 1953
Jordan	E-1 Visa	December 17, 2001
Jordan	E-2 Visa	December 17, 2001
Kazakhstan	E-2 Visa	January 12, 1994
Korea (South)	E-1 Visa	November 7, 1957
Korea (South)	E-2 Visa	November 7, 1957
Kosovo 11	E-1 Visa	November 15, 1882
Kosovo 11	E-2 Visa	November 15, 1882
Kyrgyzstan	E-2 Visa	January 12, 1994
Latvia	E-1 Visa	July 25, 1928
Latvia	E-2 Visa	December 26, 1996
Liberia	E-1 Visa	November 21, 1939
Liberia	E-2 Visa	November 21, 1939
Lithuania	E-2 Visa	November 22, 2001
Luxembourg	E-1 Visa	March 28, 1963
Luxembourg	E-2 Visa	March 28, 1963
Macedonia, the Former Yugoslav Republic of (FRY) 11	E-1 Visa	November 15, 1882
Macedonia, the Former Yugoslav Republic of (FRY) 11	E-2 Visa	November 15, 1882
Mexico	E-1 Visa	January 1, 1994
Mexico	E-2 Visa	January 1, 1994
Moldova	E-2 Visa	November 25, 1994
Mongolia	E-2 Visa	January 1, 1997
Montenegro 11	E-1 Visa	November 15, 1882
Montenegro 11	E-2 Visa	November 15, 1882
Morocco	E-2 Visa	May 29, 1991
Netherlands 6	E-1 Visa	December 5, 1957
Netherlands 6	E2 Visa	December 5, 1957
New Zealand	E-1 Visa	June 10, 2019
New Zealand	E2 Visa	June 10, 2019
Norway 7	E2 Visa	January 18, 1928
Oman	E-1 Visa	June 11, 1960
Oman	E-2 Visa	June 11, 1960
Pakistan	E-1 Visa	February 12, 1961
Pakistan	E-2 Visa	February 12, 1961
Panama	E-2 Visa	May 30, 1991
Paraguay	E-1 Visa	March 07, 1860
Paraguay	E-2 Visa	March 07, 1860
Philippines	E-1 Visa	September 6, 1955
Philippines	E-2 Visa	September 6, 1955
Poland	E-1 Visa	August 6, 1994
Poland	E-2 Visa	August 6, 1994
Romania	E-2 Visa	January 15, 1994
Serbia 11	E-1 Visa	November 15,1882
Serbia 11	E-2 Visa	November 15,1882
Senegal	E-2 Visa	October 25, 1990
Singapore	E-1 Visa	January 1, 2004
Singapore	E-2 Visa	January 1, 2004
Slovak Republic 2	E-2 Visa	January 1, 1993
Slovenia 11	E-1 Visa	November 15, 1882
Slovenia 11	E-2 Visa	November 15, 1882
Spain 8	E-1 Visa	April 14, 1903
Spain 8	E-2 Visa	April 14, 1903
Sri Lanka	E-2 Visa	May 1, 1993
Suriname 9	E-1 Visa	February 10, 1963
Suriname 9	E-2 Visa	February 10, 1963
Sweden	E-1 Visa	February 20, 1992
Sweden	E2 Visa	February 20, 1992
Switzerland	E-1 Visa	November 08, 1855
Switzerland	E2 Visa	November 08, 1855
Thailand	E-1 Visa	June 8, 1968
Thailand	E2 Visa	June 8, 1968
Togo	E-1 Visa	February 5, 1967
Togo	E-2 Visa	February 5, 1967
Trinidad & Tobago	E-2 Visa	December 26, 1996
Tunisia	E-2 Visa	February 7, 1993
Turkey	E-1 Visa	February 15, 1933
Turkey	E-2 Visa	May 18, 1990
Ukraine	E-2 Visa	November 16, 1996
United Kingdom 10	E-1 Visa	July 03, 1815
United Kingdom 10	E-2 Visa	July 03, 1815
Yugoslavia 11	E-1 Visa	November 15, 1882
Yugoslavia 11	E-2 Visa	November 15, 1882

Country Specific Footnotes

1. China (Taiwan) – Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
2. Czech Republic and Slovak Republic – The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
3. Denmark – The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
4. France – The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
5. Japan – The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
6. Netherlands – The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
7. Norway – The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
8. Spain – The Treaty which entered into force on April 14, 1903, is applicable to all territories.
9. Suriname – The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
10. United Kingdom – The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to “inhabitants” of such territory. This term, as used in the Convention, means “one who resides actually and permanently in a given place, and has his domicile there.” Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
11. Yugoslavia – The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY – Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo a continue to be bound by the treaty in force with the SFRY and the time of dissolution.

E2 Visa – Additional Resources

• E-2 Treaty Investors (USCIS)
• Treaty Traders and Treaty Investors (State Department)
• Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses – USCIS (November 12, 2021)

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