E-2 treaty countries and the nationality requirement
By Daniel AydınHead of LegalTech, Plansera AIUpdated June 15, 20265 min read
The E-2 classification is only open to nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States. Nationality is a threshold question: if it is not met, nothing else in the case matters.
The treaty-country requirement
The investor must be a national of an E-2 treaty country. The U.S. Department of State maintains the authoritative, current list of treaty countries, and it changes over time as treaties are added or lapse, so confirm status against the official list at filing.
Nationality, not residence, controls. Where the applicant lives does not substitute for holding the qualifying nationality.
The enterprise’s nationality: the 50% rule
The business itself must have the nationality of the treaty country. In practice that means at least 50% of the enterprise must be owned by nationals of the treaty country who are not lawful permanent residents of the United States.
Ownership held by U.S. permanent residents or by nationals of non-treaty countries does not count toward the 50% treaty-nationality share.
Establishing nationality and ownership
Document the investor’s nationality with a passport and any relevant naturalization records. Document the enterprise’s ownership with the formation documents, share register, or operating agreement so the treaty-nationality percentage is provable on the face of the file.
Employees of E-2 enterprises
Certain employees of an E-2 business can also qualify for E-2 status if they share the treaty nationality of the owner and serve in an executive, supervisory, or essential-skills capacity. The nationality match between employee and qualifying owner is required.
Frequently asked
- Where is the official list of E-2 treaty countries?
- The U.S. Department of State publishes the authoritative treaty-country list. Because it changes over time, verify a country’s current E-2 status against the official State Department source at the time of filing.
- Does the investor have to live in the treaty country?
- No. The requirement is nationality, not residence. The investor must hold the qualifying treaty-country nationality.
- Can a U.S. green-card holder’s ownership count toward the 50%?
- No. Ownership by lawful permanent residents does not count toward the treaty-country nationality share the enterprise must hold.
Educational information, not legal advice. This guide is for general educational purposes only and is not legal advice. Plansera AI is not a law firm and does not provide legal representation. E-2 eligibility is fact-specific and the rules change — verify against current primary sources (9 FAM 402.9, 8 CFR 214.2(e), and USCIS) and consult a licensed U.S. immigration attorney before relying on any of it or filing.
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