E-2 Treaty Countries: Full List, Eligibility, and Restrictions

More than 80 countries currently have a qualifying agreement with the United States that puts their nationals on the E-2 treaty countries list. If your country of citizenship appears on the list the Department of State maintains, you can apply for an E-2 Treaty Investor visa to enter the U.S. and direct a real, operating business you have invested substantial capital in. If it doesn’t, the category isn’t available to you, no matter how strong your investment.¹

Countries With E-2 Treaty Status

The Department of State publishes the authoritative list, and consular officers apply it through 9 FAM 402.9-10 when adjudicating E-2 cases.² The following countries currently support E-2 classification:

Albania
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahrain
Bangladesh
Belgium
Bolivia (grandfathered investments only)
Bosnia and Herzegovina
Bulgaria
Cameroon
Canada
Chile
China (Taiwan)
Colombia
Congo (Brazzaville)
Congo (Kinshasa)
Costa Rica
Croatia
Czech Republic
Denmark
Ecuador (grandfathered investments only)
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

Countries With Restrictions or No Longer Eligible

Two of the countries above only appear with a caveat. Bolivia’s treaty coverage expired for new investments in June 2022; only Bolivian nationals whose qualifying investments were established before June 10, 2012, can still use the category. Ecuador is in a similar phase-out: only investments established before May 18, 2018, qualify, and eligibility closes entirely on May 18, 2028.¹

Iran is no longer on the list at all. On October 3, 2018, the State Department notified Iran of the termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights. After formal notice to the Department of Homeland Security in October 2019, USCIS announced in January 2020 that Iranian nationals could no longer extend E-1 or E-2 status or change to those classifications based on the terminated treaty.³ Iranians already in valid E-2 status were allowed to stay through their authorized period but could not renew, and pending applications were subject to Notices of Intent to Deny.

How Countries Got on the List

Most E-2 eligibility flows from a Treaty of Friendship, Commerce, and Navigation between the United States and the partner country. Some of the oldest agreements go back to the 1800s: the U.K. treaty entered into force in 1815, Switzerland’s in 1855. More recent additions come through Bilateral Investment Treaties, which serve the same function for E-2 purposes.²

Congress can also add a country by standalone legislation, without a formal treaty. Three countries have joined this way in recent years:

Israel was added by Public Law 112-130 in 2012, with visa issuance beginning May 1, 2019 after the State Department confirmed reciprocal treatment for U.S. nationals.
New Zealand was added by Public Law 115-226 in 2018, with issuance beginning June 10, 2019.
Portugal was added by Public Law 117-263 (the National Defense Authorization Act for Fiscal Year 2023), with issuance beginning March 15, 2024.

Each legislative addition required the State Department to confirm that the partner country offered similar nonimmigrant investor status to Americans before visas could actually be issued.¹

Proving You Are a National of a Treaty Country

You must be a citizen of a treaty country, not just a resident. Consular officers verify this primarily through your passport. If you hold dual citizenship and one of your nationalities is from a non-treaty country, you have to formally elect to be treated as a national of the treaty country for E-2 purposes. That election is binding: while in E-2 status you must use the treaty country passport for all U.S. entries and exits.

If the treaty country doesn’t recognize you as a full citizen with the right to live there, a passport alone may not be enough. Consular officers can request additional documentation, such as a naturalization certificate, to confirm legitimate citizenship. The burden is on you to show the treaty country’s own laws treat you as a national.²

Citizenship Bought Through Investment Programs

A treaty-country passport obtained through a citizenship-by-investment (or “golden passport”) program does not give you immediate E-2 eligibility. The National Defense Authorization Act for Fiscal Year 2023 (Pub. L. 117-263) tightened the rules for applicants who gained citizenship through investment rather than through birth or ordinary naturalization.

If you acquired citizenship this way, you must show at least three continuous years of residence in the treaty country before applying for E-2 status. Consular officers may ask for substantial proof, such as tax records, lease agreements, and utility bills. The three-year residency requirement does not apply if you obtained your citizenship through birth, parentage, or a standard naturalization process unrelated to investment.

What Your Country’s Status Determines

Appearing on the list gets you in the door, but the terms of your visa depend on your specific country. Visa validity and permitted entries are set by reciprocity: the United States matches whatever the partner country offers to Americans seeking equivalent status there. A Japanese national might receive a five-year, multiple-entry E-2 visa, while a national of another treaty country might receive a much shorter single-entry visa. The State Department’s reciprocity schedule for your country tells you exactly what to expect.

The standard application fee for an E-category visa is $315.⁴ Some countries carry additional reciprocity-based issuance fees on top of that, reflecting what the partner country charges Americans for similar visas. Check the total expected cost for your nationality before applying.

Nationality also governs the business itself. The investor must own at least 50 percent of the U.S. enterprise, including voting rights. If several treaty-country nationals co-own it, at least 50 percent of the total ownership must be held by nationals of the same treaty country.⁵ Executives, managers, and employees with specialized skills can also receive E-2 classification to work at the enterprise, but they must share the same treaty country nationality as the qualifying owners.

Your spouse and unmarried children under 21 can accompany you as E-2 dependents. Their nationalities do not need to match yours; a Japanese E-2 investor with a Brazilian spouse can still bring that spouse.⁶ Since November 2021, E-2 spouses have work authorization automatically as an incident of status, and USCIS and CBP began issuing Forms I-94 with an “E-2S” code for spouses in January 2022 as standalone proof of work authorization.⁷

Watch for Changes Before You Commit Capital

Treaty status can be added and it can be revoked. The Iran termination shows what happens on the way out: existing visa holders may stay through their authorized period, but extensions and new applications stop. Terminations are preceded by formal notice rather than happening overnight, but once the process begins, your ability to maintain E-2 status has an expiration date. The State Department publishes updates to the treaty list, and checking it before committing capital to a U.S. venture is basic due diligence.¹

1
U.S. Department of State. Treaty Countries
2
U.S. Department of State Foreign Affairs Manual. 9 FAM 402.9 – Treaty Traders, Investors, and Specialty Occupations – E Visas
3
Federal Register. Notice Concerning Termination of Eligibility for E-1 and E-2 Nonimmigrant Classification Based on Treaty of Amity With Iran
4
U.S. Department of State. Fees for Visa Services
5
eCFR. 8 CFR 214.2
6
U.S. Citizenship and Immigration Services. E-2 Treaty Investors
7
U.S. Citizenship and Immigration Services. Chapter 2 – Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses