E-2 Visa treaty 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.
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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 applicants can immigrate to the US and set up a practice, business, or office.
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:
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.
E-2 Visa (Treaty Investors Visa)
The E-2 Visa is for individuals from countries that United States maintains a relevant treaty with who wish to invest a substantial amount of capital in a genuine US enterprise. Foreign investors can make qualifying investments to purchase an existing business or establish a new business.
Unlike the E-1 Visa, which focuses on trade, the E-2 Visa is centered on substantial investment in a US business. The applicant must be actively involved in managing the investment, and the covered investments should not be marginal but rather substantial.
Both E-1 and E-2 Visas are temporary, non-immigrant visas, which means they do not provide a direct path to permanent residency (Green Card) in the United States.
However, these visas can be renewed indefinitely as long as the United States maintains a treaty status with the foreign country and the visa holder continues to meet the eligibility criteria.
These visas are valuable for foreign entrepreneurs, investors, and employees of commercial enterprises engaged in trade or investment activities between the United States and their home countries.
The specific eligibility requirements and application processes may vary, so it’s essential to consult with legal experts or US embassies/consulates for detailed information and guidance based on individual circumstances.
What is the E-2 Visa?
The E-2 Visa USA is a non-immigrant visa that allows individuals from treaty countries to enter the US for the purpose of investing a substantial amount of capital in a genuine enterprise and intending to develop and direct that business. Investors can expand their business ventures and be actively involved in their day-to-day management.
This same visa pathway can be used to bring essential employees to work for an E-2 business. An E-2 Visa employee is someone who works for a US business owned by an E-2 treaty investor. The employee often holds the same nationality as the E-2 treaty investor and moves to the US to fill a senior role, like an executive, manager, or director, or to bring specialized knowledge crucial for business operations.
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.
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, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Republic of Congo, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan (Republic of China), Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Former Yugoslav Republic.
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.
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:
- 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 investment, the nature of the 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.
- 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.
- 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.
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.
Fiscal Year | Approval Rate (in percentage) | Refusal Rate (in percentage) |
2020 | 87.79 | 12.21 |
2021 | 92.51 | 7.492 |
2022 | 90.49% | 9.513 |
2023 | 90.71 | 9.292 |
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, allowing only the most eligible candidates to gain an E-status.
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.
Why work with Global Citizen Solutions?
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
Frequently Asked Questions About E-2 Visa Countries
What are the E Visa categories?
E-1 and E-2 Visas are non-immigrant visas for individuals from treaty countries who engage in substantial trade (E-1) or make substantial investments in a U.S. enterprise (E-2). These visas are temporary and do not lead directly to permanent residency. They are typically for individuals looking to conduct business or investment activities in the U.S. temporarily.
What are E-2 Visa countries?
Countries that have an E-2 treaty with the US are called treaty countries. E2 Visa countries have signed a Treaty of Commerce and Navigation with the United States, a specific agreement with a theoretical and practical application. Such countries include Japan, Spain, Australia, and Mexico.
Which country is eligible for an E2 visa?
A country is eligible for an E-2 visa if it has a Treaty of Commerce and Navigation (or a similar qualifying international agreement) with the United States. This agreement specifically includes provisions for treaty investors based on reciprocity, meaning both countries agree to engage in substantial trade and investment.
How many countries have E-2 Visa treaties with the United States?
More than 80 countries have signed a Treaty of Commerce and Navigation with the United States, some of which include Canada, Mexico, Japan, South Korea, the UK, Germany, France, Italy, and many more. They are recognized as E2 Visa treaty countries, which enable their citizens to apply for an E-Visa for investor or treaty trader purposes.
Can I qualify for E2 Visa with dual citizenship?
Yes, if your second or first citizenship comes from a treaty country, you can use it to apply for an E2 Visa in the United States. Many Asian, European, and countries across the Americas have E-1 and E-2 treaties.
Are Indian citizens eligible for the E-2 Visa?
No, Indian citizens can’t directly apply for an E-2 Visa. India doesn’t have a treaty agreement with the United States. For inhabitants of such territory to apply, they must first become citizens of a treaty country.
Can Chinese citizens apply for the E-2 Visa?
No. The E-2 Visa is available to only nationals of treaty countries who’ve signed a treaty and commerce navigation with the US. China is not one of the E2 Visa countries.
Are UK citizens eligible for the E-2 Visa?
Yes, the United Kingdom has signed a treaty agreement with the US. Citizens across the British territory, including those from the British Isles (excluding the Republic of Ireland), the Channel Islands, and Gibraltar, are eligible to apply for both visa types, such as treaty trader (E-1) and treaty investor purposes (E-2).
Can Norwegians move to the US on an E-2 Visa?
Yes, citizens of Norway are eligible for both the E-1 (Treaty Trader) and E-2 (Treaty Investor) visas, provided they’ve covered investments established by the US government and meet all E-2 visa requirements. However, the treaty contract doesn’t apply to Svalbard (Spitzbergen and certain lesser islands).
What is Treaty Investor Status under the E-2 Visa?
Treaty Investor Status is an E-2 status that allows applicants with more than enough income to live in the United States to develop and direct a commercial enterprise. Foreign investors must be nationals of a treaty country, preferably with highly specialized knowledge in business and management. They must provide a substantial investment in a bona fide enterprise.
Can New Zealand nationals apply for an E-2 Visa?
Yes, New Zealand was the most recent country to join the list of E-2 visa countries. Citizens are eligible to apply for both the E-1 and E-2 visas, provided they meet the requirements. With a successful E-2 Visa application, a New Zealand national can have multiple entries to the US, and the visa validity can be renewed multiple times.
Is the E-2 Visa available to Costa Ricans?
Yes, Costa Rica has a relevant treaty, which entered into force in 1852, making it one of the longstanding nations in the list of E2 Visa countries.
How much does an E2 visa cost?
The total cost for the application fees varies from $315 to $520, with an extra $2,805 for optional premium processing. Other expenses include qualifying investments, attorney fees, business plan preparation costs, and other immigration services.