E2 Visa – Treaty Investor

E-2 visas An E2 visa can be obtained by an investor who is a national of a country which has a treaty of commerce and navigation with the US. The investor must be coming to the US to direct and develop the operations of an enterprise in which has invested, or is actively involved in the process of investing, a substantial amount of capital.

A petition is not required if the investor is applying for an E2 visa outside of the US.

The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.

Although there is no limit on the number of times that an E2 visa may be renewed, it is a temporary visa.  It is not to be confused with an EB-5 investor green card.

 

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E2 Visa – Documentary Requirements:

An application for E2 visas must be filed with the appropriate fee payment, and evidence that:

    • The visa investor is a national of a country with whom the US has the requisite treaty or agreement;
  • The investor (or in the case of employees of a treaty investor who seek an E-2 visas) will direct or develop the enterprise. The investor must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
  • The investor has invested in or is actively in the process of investing in the enterprise;
  • The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
  • The investment enterprise is not a marginal enterprise;
  • If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.
  • The applicant intends to depart the US upon the expiration of E-2 status.

E1/E2 Visa Treaty Countries

The chart below lists the countries that have E-1 and E-2 treaties with the U.S.

Persons who are citizens of countries which are not listed below, but who want to get E-1 or E-2 visas, sometimes buy citizenship in a country which is listed below.

 

Country Classification Effective Date
Albania E2 Visa January 4, 1998
Argentina E1 Visa October 20, 1994
Argentina E2 Visa October 20, 1994
Armenia E2 Visa March 29, 1996
Australia E1 Visa December 16, 1991
Australia E2 Visa December 27, 1991
Austria E1 Visa May 27, 1931
Austria E2 Visa May 27, 1931
Azerbaijan E2 Visa August 2, 2001
Bahrain E2 Visa May 30, 2001
Bangladesh E2 Visa July 25, 1989
Belgium E1 Visa October 3, 1963
Belgium E2 Visa October 3, 1963
Bolivia E1 Visa November 09, 1862
Bolivia E2 Visa June 6, 2001
Bosnia and Herzegovina 11 E1 Visa November 15, 1882
Bosnia and Herzegovina 11 E2 Visa November 15, 1882
Brunei E1 Visa July 11, 1853
Bulgaria E2 Visa June 2, 1994
Cameroon E-2 Visa April 6, 1989
Canada E-1 Visa January 1, 1993
Canada E-2 Visa January 1, 1993
Chile E-1 Visa January 1, 2004
Chile E-2 Visa January 1, 2004
China (Taiwan) 1 E-1 Visa November 30, 1948
China (Taiwan) 1 E-2 Visa November 30, 1948
Colombia E-1 Visa June 10, 1848
Colombia E-2 Visa June 10, 1848
Congo (Brazzaville) E-2 Visa August 13, 1994
Congo (Kinshasa) E-2 Visa July 28, 1989
Costa Rica E-1 Visa May 26, 1852
Costa Rica E-2 Visa May 26, 1852
Croatia 11 E-1 Visa November 15, 1882
Croatia 11 E-2 Visa November 15, 1882
Czech Republic 2 E-2 Visa January 1, 1993
Denmark 3 E-1 Visa July 30, 1961
Denmark E-2 Visa December 10, 2008
Egypt E-2 Visa June 27, 1992
Estonia E-1 Visa May 22, 1926
Estonia E-2 Visa February 16, 1997
Ethiopia E-1 Visa October 8, 1953
Ethiopia E-2 Visa October 8, 1953
Finland E-1 Visa August 10, 1934
Finland E-2 Visa December 1, 1992
France 4 E-1 Visa December 21, 1960
France 4 E-2 Visa December 21, 1960
Georgia E-2 Visa August 17, 1997
Germany E-1 Visa July 14, 1956
Germany E-2 Visa July 14, 1956
Greece E-1 Visa October 13, 1954
Grenada E-2 Visa March 3, 1989
Honduras E-1 Visa July 19, 1928
Honduras E-2 Visa July 19, 1928
Ireland E-1 Visa September 14, 1950
Ireland E-2 Visa November 18, 1992
Israel E-1 Visa April 3, 1954
Israel E-2 Visa May 1, 2019
Italy E-1 Visa July 26, 1949
Italy E-2 Visa July 26, 1949
Jamaica E-2 Visa March 7, 1997
Japan 5 E-1 Visa October 30, 1953
Japan 5 E-2 Visa October 30, 1953
Jordan E-1 Visa December 17, 2001
Jordan E-2 Visa December 17, 2001
Kazakhstan E-2 Visa January 12, 1994
Korea (South) E-1 Visa November 7, 1957
Korea (South) E-2 Visa November 7, 1957
Kosovo 11 E-1 Visa November 15, 1882
Kosovo 11 E-2 Visa November 15, 1882
Kyrgyzstan E-2 Visa January 12, 1994
Latvia E-1 Visa July 25, 1928
Latvia E-2 Visa December 26, 1996
Liberia E-1 Visa November 21, 1939
Liberia E-2 Visa November 21, 1939
Lithuania E-2 Visa November 22, 2001
Luxembourg E-1 Visa March 28, 1963
Luxembourg E-2 Visa March 28, 1963
Macedonia, the Former Yugoslav Republic of (FRY) 11 E-1 Visa November 15, 1882
Macedonia, the Former Yugoslav Republic of (FRY) 11 E-2 Visa November 15, 1882
Mexico E-1 Visa January 1, 1994
Mexico E-2 Visa January 1, 1994
Moldova E-2 Visa November 25, 1994
Mongolia E-2 Visa January 1, 1997
Montenegro 11 E-1 Visa November 15, 1882
Montenegro 11 E-2 Visa November 15, 1882
Morocco E-2 Visa May 29, 1991
Netherlands 6 E-1 Visa December 5, 1957
Netherlands 6 E-2 Visa December 5, 1957
New Zealand E-1 Visa June 10, 2019
New Zealand E-2 Visa June 10, 2019
Norway 7 E-2 Visa January 18, 1928
Oman E-1 Visa June 11, 1960
Oman E-2 Visa June 11, 1960
Pakistan E-1 Visa February 12, 1961
Pakistan E-2 Visa February 12, 1961
Panama E-2 Visa May 30, 1991
Paraguay E-1 Visa March 07, 1860
Paraguay E-2 Visa March 07, 1860
Philippines E-1 Visa September 6, 1955
Philippines E-2 Visa September 6, 1955
Poland E-1 Visa August 6, 1994
Poland E-2 Visa August 6, 1994
Romania E-2 Visa January 15, 1994
Serbia 11 E-1 Visa November 15,1882
Serbia 11 E-2 Visa November 15,1882
Senegal E-2 Visa October 25, 1990
Singapore E-1 Visa January 1, 2004
Singapore E-2 Visa January 1, 2004
Slovak Republic 2 E-2 Visa January 1, 1993
Slovenia 11 E-1 Visa November 15, 1882
Slovenia 11 E-2 Visa November 15, 1882
Spain 8 E-1 Visa April 14, 1903
Spain 8 E-2 Visa April 14, 1903
Sri Lanka E-2 Visa May 1, 1993
Suriname 9 E-1 Visa February 10, 1963
Suriname 9 E-2 Visa February 10, 1963
Sweden E-1 Visa February 20, 1992
Sweden E-2 Visa February 20, 1992
Switzerland E-1 Visa November 08, 1855
Switzerland E-2 Visa November 08, 1855
Thailand E-1 Visa June 8, 1968
Thailand E-2 Visa June 8, 1968
Togo E-1 Visa February 5, 1967
Togo E-2 Visa February 5, 1967
Trinidad & Tobago E-2 Visa December 26, 1996
Tunisia E-2 Visa February 7, 1993
Turkey E-1 Visa February 15, 1933
Turkey E-2 Visa May 18, 1990
Ukraine E-2 Visa November 16, 1996
United Kingdom 10 E-1 Visa July 03, 1815
United Kingdom 10 E-2 Visa July 03, 1815
Yugoslavia 11 E-1 Visa November 15, 1882
Yugoslavia 11 E-2 Visa November 15, 1882

Country Specific Footnotes

  1. China (Taiwan) – Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
  2. Czech Republic and Slovak Republic – The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
  3. Denmark – The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
  4. France – The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
  5. Japan – The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
  6. Netherlands – The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
  7. Norway – The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
  8. Spain – The Treaty which entered into force on April 14, 1903, is applicable to all territories.
  9. Suriname – The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
  10. United Kingdom – The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to “inhabitants” of such territory. This term, as used in the Convention, means “one who resides actually and permanently in a given place, and has his domicile there.” Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
  11. Yugoslavia – The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY – Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo a continue to be bound by the treaty in force with the SFRY and the time of dissolution.

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