E-2 Treaty Countries: Eligibility, Nationality, and Validity

More than 80 nations currently hold agreements that make their citizens eligible for the E-2 visa, and the list of E-2 treaty countries is maintained by the U.S. Department of State under the authority of 8 U.S.C. § 1101(a)(15)(E).1Office of the Law Revision Counsel. 8 USC 1101 – Definitions A country appears on that list because it signed a Treaty of Friendship, Commerce, and Navigation with the United States, entered into a Bilateral Investment Treaty, or was added by specific legislation.2U.S. Department of State. Treaty Countries If your country of nationality is not on the list, no amount of capital or business planning will get you an E-2.

Countries Currently Eligible for the E-2 Visa

The following nations are currently designated E-2 treaty countries:2U.S. Department of State. Treaty 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 and Tobago, Tunisia, Turkey
  • Ukraine, United Kingdom

Entries With Special Rules

A few names on the list carry conditions worth reading carefully. “China (Taiwan)” refers only to nationals of Taiwan under the Taiwan Relations Act. Citizens of the People’s Republic of China are not covered by this entry.

Israel was added by Public Law 112-130, and E-2 visas became available to Israeli nationals on May 1, 2019, once the State Department confirmed reciprocal treatment for American investors.2U.S. Department of State. Treaty Countries Portugal was added through the AMIGOS Act, signed in December 2022, and applications opened on April 23, 2023.3U.S. Embassy & Consulate in Portugal. Implementation of the AMIGOS Act

Major Economies Not on the List

Several of the world’s largest economies have no qualifying treaty. Citizens of mainland China, India, Brazil, and Russia cannot apply for the E-2 regardless of how much they intend to invest. The absence reflects the specific diplomatic history of bilateral trade and investment agreements, not any assessment of economic strength. For investors from these countries, the EB-5 immigrant investor program and the L-1 intracompany transferee visa are two alternative pathways, though each carries different requirements and timelines.

How Nationality Is Determined

Eligibility turns on citizenship, not birthplace or current residence. You qualify if you hold a valid passport from a treaty country, even if you were born somewhere else. A person born in a non-treaty country who later naturalizes in a treaty country becomes eligible on the basis of the new nationality.

Dual citizens run into a specific constraint. Under the Foreign Affairs Manual, an owner has to choose a single nationality for E-2 purposes, and every E-visa employee of the same company must share that nationality. There is one carve-out: when a business is owned equally, 50/50, by nationals of two different treaty countries, employees of either nationality can obtain E visas through that company.4U.S. Department of State Foreign Affairs Manual. 9 FAM 402.9 – Treaty Traders, Investors, and Specialty Occupations – E Visas

When the investor is a company rather than an individual, at least 50 percent of the enterprise must be owned by nationals of the treaty country.5U.S. Citizenship and Immigration Services. E-2 Treaty Investors Owners who hold U.S. lawful permanent resident status do not count toward that 50 percent, and their shares are disregarded when calculating treaty-country ownership.4U.S. Department of State Foreign Affairs Manual. 9 FAM 402.9 – Treaty Traders, Investors, and Specialty Occupations – E Visas If the corporate structure is layered, with one entity owning another, a consular officer will trace ownership through each layer to confirm the nationality threshold is met.

Passports Obtained Through Investment Programs

An amendment enacted in Section 5902 of the National Defense Authorization Act for Fiscal Year 2023 modified 8 U.S.C. § 1101(a)(15)(E) to add a domicile requirement for people who obtained their treaty-country citizenship through a financial investment program, sometimes called a “golden passport” or citizenship-by-investment scheme.1Office of the Law Revision Counsel. 8 USC 1101 – Definitions A first-time E-visa applicant in this position has to show that they were domiciled in the treaty country for at least three continuous years before applying.

The requirement applies only to first-time applicants who acquired nationality through a financial contribution. If you have already been granted E status, the domicile rule does not apply to renewals. Grenada, which is on the E-2 list and operates a citizenship-by-investment program, is a direct example: someone who acquires Grenadian citizenship this way now has to live there for three years before filing for the E-2.

Visa Validity Varies by Country

Being on the list does not mean every treaty country’s citizens get the same terms. Once eligibility is established, the length of the visa stamp and the number of entries it permits depend on what your home country offers American investors in return. The State Department publishes a reciprocity schedule for each treaty country, and the differences can be substantial.

French nationals, for example, receive E-2 visas valid for 48 months with multiple entries and no reciprocity issuance fee.6U.S. Department of State. France Reciprocity Schedule Mexican nationals have two options: a 12-month visa with no issuance fee, or a 48-month visa with a $186 fee, both allowing multiple entries.7U.S. Department of State. Mexico Reciprocity Schedule Other countries have shorter validity windows or single-entry restrictions.

These reciprocity fees sit on top of the base visa application fee, which is $315 for all E-category applicants regardless of nationality.8U.S. Department of State. Fees for Visa Services Before applying, look up the exact validity period and issuance fee for your nationality on the State Department’s reciprocity table for your country.