E-2 visa countries: is your citizenship on the treaty list?

Key takeaways

• Only citizens of treaty countries can get an E-2. Permanent residence in a treaty country does not count.
• The U.S. Department of State keeps the official, current list. Always confirm there.
• Canada, Mexico, the United Kingdom, Germany, France, Japan, South Korea, Australia, Israel and many others qualify.
• China, India, Brazil, Russia and Vietnam do not currently have E-2 treaties.
• The business itself must be at least 50% owned by nationals of the same treaty country.
• People who got citizenship by investment may face a three-year domicile requirement before they can use it for an E-2.

How does the E-2 treaty list work?

Each country on the State Department's treaty list has an agreement with the U.S. that covers E-1 trade, E-2 investment, or both. A few countries qualify for E-1 only. The list also shows the date each treaty took effect, and new countries are added from time to time. Your nationality is determined by your passport, not where you live.

Major E-2 treaty countries

Commonly seen E-2 nationalities include Canada, Mexico, the United Kingdom, Ireland, Germany, France, Italy, Spain, the Netherlands, Belgium, Switzerland, Austria, Poland, Japan, South Korea, Taiwan, the Philippines, Thailand, Australia, New Zealand, Israel, Turkey, Argentina, Colombia, Chile, and many more. Check the official list for your exact country and whether it covers E-2.

Countries without an E-2 treaty

Several large economies have no E-2 treaty, including China, India, Brazil, Russia, Vietnam, Nigeria, South Africa and Saudi Arabia. Investors from these countries generally look at EB-5, L-1 for an existing company abroad, O-1 or H-1B, or a second citizenship from a treaty country.

Can I use a second citizenship?

Yes, if you are a genuine citizen of a treaty country, you can apply through that nationality, and the company's ownership must match it. Some investors hold citizenship through descent, for example Italian or Irish ancestry. Where citizenship was acquired through investment, U.S. law now requires that the person has been domiciled in that country for at least three continuous years before an E-2 based on that nationality.

Does the business need to be owned by treaty nationals?

Yes. At least 50% of the U.S. business must be owned by nationals of the treaty country, and the investor must control or develop it. Mixed ownership between two nationalities, or a corporate parent abroad, needs careful structuring.

Does my country affect how long the visa lasts?

Yes. Visa validity and fees are set by reciprocity, so they vary by country. Canadians, for example, apply at the U.S. Consulate in Toronto and the reciprocity schedule sets the visa's length. The period of each admission is generally up to two years and can be extended.

How Jessica can help

E-2 treaty investor cases are Jessica's main focus, and she has practiced U.S. immigration law since 1998 at Weiss & Moy, P.C. She works with investors and professionals from Arizona and Florida offices and with clients across the United States. Book a free intro call to see whether she can help with your situation.

This article provides general information and is not legal advice. Every case depends on its facts.