If you or someone in your family is considering starting a business in the United States, the E‑2 visa may allow you to live and work here legally. This visa allows investors from certain countries to come to the U.S. and operate a business. However, one essential requirement is important to keep in mind: The E‑2 visa is available only to nationals of countries that have a specific treaty with the United States.
Fully understanding this requirement is necessary before planning or investing. In this article, we explain how treaty status works, which countries are eligible, and what steps you can take if your country is not on the list.
What the E‑2 Visa Allows
The E‑2 visa is designed for people who want to invest in and manage a U.S. business, and this could be a new business or the purchase of an existing one. The investment must be substantial, and the business must be active, not purely for personal gain. E‑2 investors must play a key role in running the business.
Although the E‑2 visa does not lead directly to a green card, it can be renewed as long as the business continues to meet U.S. immigration requirements.
Why Treaty Status Is Required
Only citizens of countries that have a treaty of commerce and navigation with the United States may apply for an E‑2 visa. This is based on legal nationality, not where someone lives or has a residence. The list of treaty countries is maintained by the U.S. Department of State and is subject to change.
Applicants must apply using a passport from one of the qualifying countries. If your country does not have a treaty, you cannot qualify for the E‑2 visa, regardless of the size or success of your business.
How to Confirm if a Country Is Eligible
A country becomes eligible for the E‑2 visa only after signing a qualifying treaty with the U.S. These treaties are long-term agreements, but they can change based on political and trade relationships. The only way to know for sure is to check the official list published by the U.S. Department of State.
Examples of countries currently on the list include:
- Canada, the United Kingdom, and France
- Japan, South Korea, and Taiwan
- Argentina, Mexico, and Colombia
- Turkey, Egypt, and the Philippines
Countries not currently on the treaty list include India, China, Brazil, and Nigeria. However, if you have dual citizenship or are considering naturalization in a treaty country, you may still qualify.
How Dual Citizenship and Nationality Work
Eligibility is based on nationality, not residency or country of birth. You must hold a passport from a treaty country and apply using that nationality. If you have more than one citizenship, only one is required to be a treaty country.
For example:
- A person born in India who later becomes a Portuguese citizen may apply under Portugal’s treaty.
- A person with U.S. permanent residence and citizenship from a treaty country can apply using that country’s passport.
If you only live in a treaty country but are not a citizen of that country, you are not eligible.
What If Your Country Is Not on the Treaty List?
There are lawful ways some individuals from non-treaty countries can meet E‑2 eligibility:
1. Citizenship by Investment
Some countries, such as Grenada and Turkey, offer citizenship through investment programs. Since both countries have E‑2 treaties with the U.S., new citizens may apply for an E‑2 visa under their new nationality. This route should be carefully reviewed with experienced legal assistance, as each case is evaluated individually by U.S. immigration officers.
2. Business Co-Ownership
A U.S. business can qualify for the E‑2 visa if it is at least 50% owned by nationals of a treaty country. If you partner with someone holding a treaty passport and they meet the control and investment requirements, the business may still be eligible. However, your personal role in the business and your own nationality will still matter.
3. Alternative Visa Options
If the E‑2 is not possible, other visa types may be worth considering:
- L‑1 visa for intra-company transfers
- EB‑5 visa for larger investments that lead to green cards
- H‑1B or O‑1 visas for individuals with specialized skills
Each has its own criteria and timelines.
Preparing for the E‑2 Visa Process
Before applying, confirm that your passport is from a treaty country and that the treaty is currently active. Prepare a clear business plan that outlines:
- The source of your investment funds
- Your ownership in the business
- How the business will operate and create U.S. jobs
You can apply at a U.S. consulate outside the country. or, if you’re already in the U.S. on a valid visa, you may request a change of status. However, if you change status from inside the U.S., you will not receive a visa stamp. You would need to visit a consulate to obtain it for international travel.
Talk to Pride Immigration for Personalized Guidance
Treaty eligibility is the foundation of any E‑2 visa application. For some families, the path is clear. For others, it requires careful legal planning. At Pride Immigration, we help clients navigate these situations every day. Whether you need help confirming your eligibility, structuring your investment, or exploring alternatives, we are ready to support you.
Contact Pride Immigration today to schedule a consultation. We’ll help you take the next step with clarity and confidence.
Frequently Asked Questions
How can I confirm if my country qualifies?
Check the U.S. Department of State’s official list. Only countries with an active E‑2 treaty are eligible.
Can dual nationals apply?
Yes. If one of your nationalities is from a treaty country, you can apply using that passport.
Can I apply if I live in a treaty country but hold a different passport?
No. Residency is not enough. You must be a citizen of a treaty country.
Does getting citizenship in a treaty country make me eligible?
Possibly. If you legally obtain citizenship in a treaty country and meet all E‑2 requirements, you may qualify, but approval is never guaranteed.
Does the E‑2 visa lead to a green card?
Not directly. It is a temporary visa, but some investors later transition to permanent residency through other legal channels.
Beeraj Patel, Esq.
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