E2 Visa Countries: Nations Whose Citizens Can Get an E-2Visa

E2 Visa countries are specific countries that have signed a Treaty of Commerce and Navigation with the United States. Tax treaties are bilateral agreements between the US and other nations for international trade activities. Residents of treaty countries are exempt from double taxation or taxed at a reduced rate, which can be highly beneficial for those who want to work and live in the United States under the E-2 Visa.

The E-2 Visa is a nonimmigrant visa that allows foreign nationals to invest in the US and open a business, office, or practice. To be eligible, you must be a citizen of a treaty country, like Japan, Germany, or the United Kingdom. Here is what the E-2 Visa has to offer and a list of the countries that are eligible.

Read more about:

• What are E-Visas?
• Benefits of Being an E-2 Treaty Investor
• E2 Visa List of Countries
• Document Checklist

What are E-Visas?

E-Visas are a category of non-immigrant visas available to foreign nationals who wish to enter the United States to direct and develop business operations. Successful visa applicants can move to the US and set up a practice, business, or office. It must be a bona fide enterprise, not a marginal enterprise.

These E-Visas are often called “treaty visas” because they are based on reciprocal treaty investor treatment — a mutual agreement between the United States and certain countries. There are two primary E-Visa options:

What is the E-1 Visa (Treaty Trader Visa)?

The E-1 Visa (or Treaty Trader Visa) is designed for individuals from countries that have treaties of commerce and navigation with the United States and who are engaged in substantial international trade.

To qualify for the Treaty Trader Visa, visa applicants must work for a business that conducts a significant volume of trade between the United States and their home country. The trade must involve goods, services, or technology.

What is the E-2 Visa (Treaty Investors Visa)?

The E-2 Visa USA is a non-immigrant visa for individuals from countries that have a treaty of commerce and navigation with the United States. It allows foreign nationals to live and work in the US by investing a substantial amount of capital, not marginal, in a new or existing US business, which they must actively develop and direct.

Unlike the E-1 Visa, which focuses on trade, the E-2 Visa is centered on investment and aims to attract more investors from treaty countries to the US. It’s a temporary visa that doesn’t offer a direct path to a Green Card, but it can be renewed indefinitely as long as the applicant continues to meet the eligibility requirements and their business remains operational.

This visa is also available to essential employees, such as executives, managers, directors, or individuals with specialized knowledge, who work for the qualifying E-2 business. These employees generally hold the same nationality as the E-2 treaty investor and are needed for the business’s operations. The specific requirements and application processes can vary, so it’s advisable to consult with immigration experts for detailed guidance.

E2 Visa List of Countries

Wondering which countries participate in the E-2 Visa program? To be eligible for an E-2 Visa, first and foremost, you must be a citizen of a country that maintains a valid Treaty of Commerce and Navigation with the United States.

At present, this is the complete list of E-2 Visa countries:

• Albania
• Argentina
• Armenia
• Australia
• Austria
• Azerbaijan
• Bahrain
• Bangladesh
• Belgium
• Bolivia
• Bosnia and Herzegovina
• Bulgaria
• Cameroon
• Canada
• Chile
• China (Taiwan)
• Colombia
• Congo (Brazzaville)
• Congo (Kinshasa)
• Costa Rica
• Croatia
• Czech Republic
• Denmark
• Ecuador
• Egypt
• Estonia
• Ethiopia
• Finland
• France
• Georgia
• Germany
• Grenada
• Honduras
• Ireland
• Israel
• Italy
• Jamaica
• Japan
• Jordan
• Kazakhstan
• Korea (South)
• Kosovo
• Kyrgyzstan
• Latvia
• Liberia
• Lithuania
• Luxembourg
• Macedonia
• Mexico
• Moldova
• Mongolia
• Montenegro
• Morocco
• Netherlands
• New Zealand
• Norway
• Oman
• Pakistan
• Panama
• Paraguay
• Philippines
• Poland
• Portugal
• Romania
• Senegal
• Serbia
• Singapore
• Slovak Republic
• Slovenia
• Spain
• Sri Lanka
• Suriname
• Sweden
• Switzerland
• Thailand
• Togo
• Trinidad & Tobago
• Tunisia
• Turkey
• Ukraine
• United Kingdom
• Socialist Federal Republic of Yugoslavia

Note: Since 2023, individuals who obtain citizenship by investment in a qualifying country (or treaty country) must prove three-year residency there to be eligible for an E-2 Visa in the United States.

Non-Treaty Countries List

If a country does not appear in the above list, it does not have a qualifying international agreement with the United States.

Major countries in this category include China (People’s Republic of China), India, Nigeria, Russia, South Africa, and Vietnam.

However, there are alternative pathways that citizens of non-treaty countries can use to qualify for an E-2 Visa, such as obtaining citizenship of a treaty country or through marriage. Immigration lawyers can suggest the best course of action based on your nationality and qualifications.

Benefits of Being an E-2 Treaty Investor

The benefits of being an E-2 treaty investor include:

• You can legally live in the US, work, and operate your new enterprise or existing business.
• Your immediate family is included in the visa – spouse and unmarried children under 21 years old. Your children can also study in the US.
• You can travel to and from the US without restrictions.
• This visa generally has a faster processing time compared to many other US visas, making it a quicker option for those looking to start a business in the US.
• The E-2 Visa can be renewed indefinitely, as long as your business remains viable and the requirements for renewal are sustained.
• There is no set minimum investment amount as long as the investment is considered to be substantial.

Period of stay

E-2 investors and employees are initially granted a stay of up to two years. Extensions can also be approved in two-year increments, with no limit on the number of times the visa can be renewed.

Overview of E-2 Visa Eligibility Requirements

• Be a citizen of a country that has a treaty of commerce and navigation with the US
• Invest, or be in the process of investing, a substantial amount of capital in a legitimate US business.
• Enter the US to develop and direct the business, shown by owning at least 50 percent of the company or holding a key managerial role.

Investment requirements

• The investor must put personal funds or assets at risk with the goal of making a profit.
• The funds cannot come from criminal activity.
• The investment must be large enough to show commitment and make the business likely to succeed. The lower the cost of the business, the higher the percentage of investment required.

Business requirements

• The business must be a real, active, and operating enterprise that produces goods or services for profit.
• It must comply with all legal requirements in its jurisdiction.

E-2 Visa Application Document Checklist

When applying for an E-2 Visa, you must submit a comprehensive set of documents to support your application. Here is a detailed list of the necessary documents for a successful application:

• Form DS-160, a printed copy of the non-immigrant visa application.
• Form DS-156E: a Nonimmigrant Treaty Trader/Treaty Investor application.
• Valid Passport: with a minimum of six months’ validity beyond your intended period of stay in the US.
• Photograph: One passport-sized color photograph that meets the US visa photo requirements.
• Business plan: A detailed business plan outlining your covered investments, the nature of the commercial enterprise, and its potential for profitability.
• Proof of investment funds: Documents demonstrating that the funds underpinning the investment are legitimate and legally acquired.
• Proof of bona fide enterprise: Documentation proving that the business you plan to invest in is a real, active, and operating commercial or entrepreneurial undertaking (not a marginal enterprise).
• Articles of Incorporation/Registration: If the business is already established, provide the articles of incorporation or registration.
• Lease agreement or property ownership: If you have already secured a location for your business, include the lease agreement or documents showing property ownership.
• Financial statements: If applicable, provide the enterprise’s financial statements for the past two to three years, including balance sheets, income statements, and cash flow statements.
• Market research and projections: Any market research or projections that support the potential success of your business and the need for the minimum investment funds.
• CV/Resume: Highlight your relevant experience and qualifications.
• Employment details: Information about any employees you plan to hire in the US.
• Proof of managerial position: If you will be managing the enterprise, provide evidence of operational control.
• Proof of treaty country citizenship: Documents showing your citizenship in a treaty country.
• Payment receipt: Proof of visa application fee.
• Corporate documents (if applicable): If the enterprise has multiple owners or shareholders, provide corporate documents showing ownership percentages.
• Additional supporting documents: Such as contracts, licenses, or permits.

E-2 Business Employees

When evaluating an E-2 employee’s capacity for inclusion, a number of factors are considered for both executive, supervisory, specialist, and essential skilled roles.

For executives and managers, authorities review job titles, organizational structure, duties, and the degree of responsibility to ensure their primary function is managerial. For specialists, authorities assess if the skills are necessary for the business’s operations, whether US workers with the same skills are available, and if the employee has the required experience.

Even ordinary workers can be considered essential, particularly for new businesses, based on their familiarity with the company’s operations rather than their specific skills.

What are the statistics on E-2 Visa approval?

In 2023, the success rate for E-2 Visa applications was 90.71 percent, with 54,812 visa approvals compared to 5,615 refusals. There was a steady growth rate for approvals between 2020 and 2023 for applicants from E2 Visa treaty countries.

The success rate of applications varies depending on the principal applicant’s eligibility and the strength of the business plan. The E-2 Visa requirements have strict eligibility criteria determined by the USCIS (US Citizenship and Immigration Services), allowing only the most eligible candidates to gain an E-status.

Note: The E2 Visa treaty countries list is subject to change. The US can negotiate and sign treaties with more countries that would be added to the E-2 list. For example, Israel was added recently on 1 May 2019.

The E-2 Visa and your path to citizenship

As an E-2 Visa holder, you cannot apply for naturalization directly. If that’s your plan, you must first obtain lawful permanent resident status (Green Card) through a different immigration pathway.

The E-2 Visa can be converted into a Green Card through options like the EB-5 Investor Program or employment-based Green Cards (EB-1, EB-2, EB-3).

Once E-2 Visa holders have obtained a Green Card and meet the residency requirements (usually five years or three years if married to a US citizen), they may be eligible to apply for United States citizenship through the naturalization process.

If you are struggling to figure out which are E2 Visa eligible countries and whether or not you qualify, immigration lawyers can simplify the process for you. They can answer any queries and compile the necessary documents for whatever visa you want to apply for.

How Can Global Citizen Solutions Help You?

Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments. 

We guide you from start to finish, taking you beyond your citizenship or residency by investment application.