E2 Visa Ch 1 – Definitions and Eligibility *

E2 Visa - By working as a team from the very beginning we can make sure you avoid many of the common pitfalls.

If you are thinking about applying for an E2 visa this easy-to-read guide reviews the essential laws and regulations relating to the Treaty Trader and Treaty Investor visa. In this guide I’ve tried to outline the requirements that need to be satisfied in order to qualify for this visa.  This will enable you to work better with me in the preparation of your case.

This overview will focus on the main elements of the E2 Treaty Investor visa and in particular the investor’s obligations. There are many other facets of the E visa that are not covered here, such as bringing employees over to work under the principal investor.

It’s always a good idea when reviewing any visa to start with the actual legal statute that created it. In this case we are reviewing the E2 visa. This visa permits aliens to enter the US in order to carry out trade between the alien’s home country and the US, or purchase an enterprise thus making a substantial capital investment.

Section 101(a), (15)(E),8 U.S.C. Section 1101(a)(15)(E) of the Immigration and Nationality Act provides that: -

“[An alien [is] entitled to enter the US under and in pursuance of the provisions of a treaty of commerce and navigation between the US and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him:

(i)                  [E1] solely to carry on substantial trade, including trade in services or trade in technology principally between the US and the foreign state of which he is a national; or

(ii)                [E2] solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing a substantial amount of capital“

As can be seen from the above statute there are two types of E visas dependent on the type of business that will be done. This overview will focus on the most common type of E visa – the E2. The statute does not limit the scope or type of businesses that can be invested in. This having been said we really do have to look at the precise wording of the provisions in the statute to ensure full compliance when making any application.

Countries That Have Treaties with the US For E2 Purposes

In order to be eligible to take advantage of the E2 visa you must first be a national (passport holder) of one of the countries with whom the US has a treaty for this visa.   Those countries are as follows: -

United Kingdom, Albania, Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo, DR (Kinshasa), Congo R of Brazzaville, Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, Yugoslavia (Former Countries) and Zaire.

Dual Nationality:

If you have dual nationality then you can use the qualifying nationality to satisfy this requirement. However, if you entered the US under one nationality (non-qualifying) you will not be able to switch to an alternative nationality for E visa purposes. Your attorney will advise you accordingly.

Please Note: there are no nationality requirements for the accompanying spouse and or child(ren).

US Immigration Attorney Chris M Ingram
E2 Treaty Visa – Investment Visa Specialist

Next Chapter -
 E2 Home Page -

Select Your Chapters Here

E2 Chapter 1 – Definitions and Eligibility
E2 Chapter 2 – Obligations of the Investor
E2 Chapter 3 – Making the Investment
E2 Chapter 4 – Making a “Substantial” Investment
E2 Chapter 5 – Job Creation
E2 Chapter 6 – Spouse and Children of Investor
E2 Chapter 7 – Indefinite E2 Visa
E2 Chapter 8 – Summary

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Admitted in New York
Practice Specializing in US Immigration Law
Suite 300, 23822 Valencia Blvd,
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Tel: 661 254 8064

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients. 

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