E-1 and E-2 Treaty Countries. E-1 visa attorney in Austin and Houston, Texas

E visas are one of the most attractive US visa classifications. They offer holders the potential to renew their status indefinitely, and the opportunity for dependants to join them in the United States.

There are over 70 countries that have E-1 and E-2 treaties with the United States. These treaties permit foreign-born investors to start businesses in the US or work in the US for certain foreign-owned companies.

Citizens of any of the E-2 treaty countries on the list may be eligible to obtain an E-2 visa to come to the US to start a business.  Our law firm can assist you in obtaining E-1 and E-2 visas for persons who are citizens of treaty countries. Unlike green cards, it is your country of citizenship rather than your country of birth which allows you to get an E-1 or E-2 visa. There is no limit to the number of times that persons from E-1 or E-2 treaty countries can extend their visas.

List of E Treaty Countries

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 Repubilc 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.
12. The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the United States to perform services in a “specialty occupation.” The term “specialty occupation” means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.
13. Bolivia – Bolivian nationals with qualifying investments in place in the United States by June 10, 2012 continue to be entitled to E-2 classification until June 10, 2022.  The only nationals of Bolivia (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to June 10, 2012.
14. Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be entitled to E-2 classification until May 18, 2028. The only nationals of Ecuador (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, 2018.
15. Israel: Pursuant to a treaty of friendship, commerce, and navigation between the United States and Israel that entered into force on April 3, 1954 entitled nationals of Israel to E-1 status for treaty trader purposes. Nationals of Israel are not entitled to E-2 classification for treaty investor purposes under that treaty. Public Law 112-130 (June 8, 2012), accords nationals of Israel E-2 status for treaty investor purposes if the Government of Israel provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that Israel offers reciprocal treaty investor treatment to U.S. nationals and E-2 visa may be issued to nationals of Israel beginning on May 1, 2019.
    
16. New Zealand: Public Law 115-226, enacted on August 1, 2018, accorded nationals of New Zealand to E-1 and E-2 status for treaty trader/treaty investor purposes if the Government of New Zealand provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that New Zealand offers similar nonimmigrant status to U.S. nationals and E visas may be issued to nationals of New Zealand beginning on June 10, 2019.

E visa nationality requirements

Specific requirements relating to applicant nationality also apply under the E visas. The Treaty national applicants must own and control at least 50% of the company.

Any employees of the business looking to apply under the E-2 visa must be of the same nationality as their primary employer, i.e. of an E2 visa country.

Where there is a 50/50 split of ownership and the two owners hold different nationalities, the owners can opt to apply under either one of the E-2 countries. E-2 applicant employees can hold the same nationality of either of the two countries.

Impact of nationality on E visa duration

Your nationality will determine the potential maximum duration of your E visa. Each Treaty country has a maximum duration for the length of time the E visa is valid for and well as the number of times they are permitted to re-enter the country on the E visa. You are advised to check the maximum duration for your nationality.

E-2 visa for citizens of Non-Treaty countries

Citizens of non-treaty countries can qualify to apply for an E-2 visa through one of two ways: by taking up the passport/citizenship of a treaty country or derivatively, i.e. if the applicant investor is married to a citizen of a treaty country, they may be eligible to apply for an E-2 visa.

List of countries that do not have an E-2 visa Treaty with the USA

• India
• China, Hong Kong
• Cyprus
• Vietnam
• United Arab Emirates
• Qatar
• Kuwait
• Kenya
• Nigeria
• Saudi Arabia
• San Marino
• South Africa
• Vatican City
• Faroe Islands
• Isle of Man
• Peru
• Venezuela
• Eritrea
• Russia
• Uruguay
• Namibia
• Gambia
• Botswana
• Gabon
• Israel
• Belize
• Haiti
• Libya
• Nepal
• Mauritius
• Cambodia
• Afghanistan
• Brunei
• Zimbabwe
• Algeria
• Angola
• Madagascar
• Nicaragua
• Guatemala
• El Salvador