E-2 Visa Treaty Country Eligibility: Which Nationalities Qualify

A treaty country is one that has entered into a qualifying treaty with the United States and whose nationals are therefore entitled to apply for E-1 (treaty trader) or E-2 (treaty investor) status. Under 9 FAM 402.9-4(A), the treaty must be one of commerce and navigation, a bilateral investment treaty, or an international agreement that explicitly extends treaty trader or investor status.

Not all trade agreements qualify. The North American Free Trade Agreement (now USMCA) covers Canada and Mexico. The General Agreement on Tariffs and Trade (GATT) and the WTO Agreement do not, on their own, create E-2 eligibility. Each treaty's specific language determines whether E status applies, which is why nationals of some economically significant countries like India, China, Brazil, and Russia cannot currently use the E-2 visa.

The State Department maintains the current treaty country list in 9 FAM 402.9-4(B) and on the travel.state.gov website. Major treaty countries include: the United Kingdom, Germany, France, Japan, South Korea, Australia, Canada, Mexico, Turkey, Italy, Spain, the Netherlands, Switzerland, Sweden, Israel, the Philippines, Thailand, Pakistan, Egypt, and Colombia, among others.

Some countries have conditional status or processing restrictions. For example, Iran is technically a treaty country but embassy operations in Tehran are suspended, so Iranian nationals must apply at a third-country consulate. Similarly, some consulates impose additional scrutiny or have informal processing practices that affect approval rates regardless of treaty eligibility.

• Americas: Canada, Mexico, Colombia, Argentina, Chile, Costa Rica, Honduras, Panama, Paraguay, Suriname, and others
• Europe: UK, Germany, France, Italy, Spain, Netherlands, Belgium, Switzerland, Sweden, Norway, Denmark, Finland, Poland, Austria, Czech Republic, Romania, Croatia, Serbia, Bulgaria, and others
• Asia-Pacific: Japan, South Korea, Australia, Philippines, Thailand, Singapore, New Zealand, Bangladesh, Sri Lanka, and others
• Middle East and Africa: Turkey, Israel, Egypt, Jordan, Bahrain, Oman, Cameroon, Congo, Ethiopia, Liberia, Morocco, Senegal, Togo, and others

Nationals of India, China (including mainland China and Hong Kong), Brazil, Russia, Vietnam, Nigeria, Indonesia, Pakistan (limited processing), and several other populous countries cannot currently apply for E-2 status because their home countries do not have qualifying treaties with the United States. This is a significant limitation given that nationals of India and China collectively account for a large share of U.S. visa applicants.

The treaty status of a country can change. South Korea was added to the treaty country list only in 1993. It is possible that future diplomatic agreements could extend E-2 eligibility to additional countries, but there is no mechanism for an individual applicant to petition for their country to be added.

A dual national can qualify for E-2 status based on either nationality, provided they can demonstrate genuine ties to the treaty country they are using as the basis for the application. Under 9 FAM 402.9-4(C), the applicant must be a national of the treaty country at the time of application and during the period of authorized stay. Citizenship documentation such as a passport, certificate of citizenship, or birth certificate is typically required.

Dual nationals who hold citizenship in both a treaty country and a non-treaty country often use the treaty country passport when applying. This is entirely lawful. However, the business itself must also be owned at least 50 percent (and in practice typically more) by nationals of the same treaty country. If a co-investor holds a different nationality, that can affect the enterprise's treaty-country ownership calculation.

The E-2 visa requires not just that the applicant be a national of a treaty country, but also that the enterprise itself be at least 50 percent owned by nationals of the same treaty country. Under 8 CFR 214.2(e)(12), an E-2 enterprise is one in which the treaty investor has invested or is actively in the process of investing a substantial amount of capital, and where at least 50 percent of the ownership is held by nationals of the treaty country.

This ownership requirement means that a German citizen and a Brazilian citizen who co-own a U.S. business 50/50 cannot form a qualifying E-2 enterprise for either of them. The Brazilian national cannot use E-2 (Brazil is not a treaty country), and the German national would need to own more than 50 percent to satisfy the ownership test. Attorneys frequently need to restructure co-ownership arrangements to ensure compliance before filing.

Some nationals of non-treaty countries explore whether they can obtain E-2 status through naturalization in a treaty country. This is legal and is sometimes called "treaty country naturalization" or "E-2 visa by naturalization." Countries such as Grenada, Montenegro, Vanuatu, Turkey, and several others offer citizenship by investment programs that, once completed, can make an individual eligible to apply for E-2 status using their new nationality.

The State Department requires that the applicant have a genuine connection to the treaty country, but there is no specific durational residency requirement for the nationality to count. A person who naturalizes in Grenada can, in principle, immediately use that Grenadian citizenship to apply for E-2 status as a Grenadian national. Consular officers do examine whether the nationality is genuine, and applicants should be prepared to provide all naturalization documentation.

Before investing any money or engaging an attorney to draft a business plan, confirm three things: first, that your country of nationality appears on the current State Department E-2 treaty country list; second, that the consulate or USCIS district serving you is actively processing E-2 applications for your nationality; and third, that you can document your nationality with a valid passport from the treaty country.

Treaty eligibility is a threshold requirement. If you do not meet it, no amount of investment or business plan quality will result in an approval. If you are uncertain whether your nationality qualifies, check travel.state.gov or consult an immigration attorney before making any investment decisions.