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Exploring Investment Opportunities in E2 Treaty Countries

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E1 and E2 Treaty Countries (For Developer’s Work)

List of E1 and E2 Treaty Countries

E1 Treaty Countries

Country

Effective Date

Validity Period

Number of Entries

Visa Reciprocity Fee

Argentina

December 20, 1854

60 months

Multiple

None

Australia

December 16, 1991

48 months

Multiple

$3, 574

Austria

May 27, 1931

60 months

Multiple

$31

Belgium

October 3, 1963

60 months

Multiple

$420

Bolivia

November 9, 1862

60 months



Multiple

None

Bosnia and Herzegovina

November 15, 1982

12 Months

Multiple

None

Brunei

July 11, 1853

41 months

 

None

Canada

January 1, 1994

60 months

Multiple

$40

Chile

January 1, 2004

60 months

Multiple

$265

China (Taiwan)

November 30, 1948

60 months

Multiple

None

Colombia

June 10, 1948

60 months

Multiple

None

Costa Rica

May 26, 1852

60 months

Multiple

$291

Croatia

November 15, 1982

60 months

Multiple

$395

Denmark

July 30, 1961

60 months

Multiple

None

Estonia

May 22, 1926

60 months

Multiple

None

Ethiopia

October 8, 1953

60 months

Multiple 

None

Finland

August 10, 1934

24 months

Multiple

$292

France

December 21, 1960

25 months

Multiple

None

Germany

July 14, 1956

60 months

Multiple

None

Greece

October 13, 1954

60 months

Multiple 

None

Honduras

July 19, 1928

60 months

Multiple

$195

Ireland

September 14, 1950

60 months

Multiple

None

Israel

E1 – April 3, 1954

E2 – May 1, 2019

E1 – 52 months

E2 – 24 months

Multiple

None

Italy

July 26, 1949

60 months

Multiple

$308

Japan

October 30, 1953

60 months

Multiple

None

Jordan

December 17, 2001

3 months

One

None

South Korea

November 7, 1957

60 months

Multiple

None

Kosovo

November 15, 1882

12 months

Multiple

None

Latvia

July 25, 1928

60 months

Multiple

None

Liberia

November 21, 1939

60 months

Multiple

None

Luxembourg

March 28, 1963

60 months

Multiple

None

Macedonia

November 15, 1982

60 months

Multiple 

None

Mexico

January 1, 1994

12 months

Multiple

$42

Montenegro

November 15, 1882

12 months

Multiple

None

Netherlands

December 5, 1957

36 months

Multiple

$2,228

New Zealand

June 10, 2019

60 months

Multiple

None

Norway

January 18, 1928

60 months

Multiple

$400

Oman

June 11, 1960

6 months

Multiple

None

Pakistan

February 12, 1961

60 months

Multiple

None

Paraguay

March 7, 1860

60 months

Multiple

None

Philippines

September 6, 1955

60 months

Multiple

$813

Poland

August 6, 1994

12 months

Multiple

None

Serbia

November 15, 1882

12 months

Multiple

None

Singapore

January 1, 2004

24 months

Multiple

None

Slovenia

November 15, 1982

60 months

Multiple

$345

Spain

April 14, 1903

60 months

Multiple

$314

Suriname

February 10, 1963

60 months

Multiple

None

Sweden

February 20, 1992

24 months

Multiple

None

Switzerland

November 8, 1855

48 months

Multiple

$235

Thailand

June 8, 1968

6 months

Multiple

$15

Togo

February 5, 1967

36 months

Multiple

$210

Turkey

E1 – February 15, 1933

E2 – May 18, 1990

60 months

Multiple

None

United Kingdom

July 3, 1815

60 months

Multiple

None

Yugoslavia

November 15, 1882

   

 

E2 Treaty Countries



Country

Effective Date

Validity Period

Number of Entries

Visa Reciprocity Fee

Albania

January 4, 1998

36 months

Multiple

None

Argentina

December 20, 1854

60 months

Multiple

None

Armenia

March 29, 1996

60 months

Multiple

None

Australia

December 27, 1991

48 months

Multiple

$3, 574

Austria

May 27, 1931

60 months

Multiple

$31

Azerbaijan

August 2, 2001

3 months

One

None

Bahrain

May 30, 2001

3 months

One

None

Bangladesh

July 25, 1989

3 months

One

None

Bolivia

June 6, 2001

3 months

One

None

Bosnia and Herzegovina

November 15, 1982

12 Months

Multiple

None

Bulgaria

June 2, 1954

60 months

Multiple

$162

Cameroon

April 6, 1989

12 months

Less than 12 months

Multiple

Multiple

$240

$60

Canada

January 1, 1994

60 months

Multiple

$40

Chile

January 1, 2004

60 months

Multiple

$265

China (Taiwan)

November 30, 1948

60 months

Multiple

None

Colombia

June 10, 1948

60 months

Multiple

None

Congo (Brazzaville)

August 13, 1994

3 months

One

None

Congo (Kinshasa)

July 28, 1989

3 months

Two

None

Costa Rica

May 26, 1852

60 months

Multiple

$291

Croatia

November 15, 1982

60 months

Multiple

$395

Czech Republic

January 1, 1993

60 months

Multiple

$22

Denmark

December 10, 2008

60 months

Multiple

None

Ecuador

May 11, 1997

3 months

 

None

Egypt

June 27, 1992

3 months

One

None

Estonia

February 16, 1997

60 months

Multiple

None

Ethiopia

October 8, 1953

60 months

Multiple 

None

Finland

December 1, 1992

24 months

Multiple

$292

France

December 21, 1960

25 months

Multiple

None

Georgia

August 17, 1997

12 months

Multiple

None

Germany

July 14, 1956

60 months

Multiple

None

Grenada

March 3, 1989

60 months

Multiple

None

Honduras

July 19, 1928

60 months

Multiple

$195

Ireland

November 18, 1992

60 months

Multiple

None

Israel

E1 – April 3, 1954

E2 – May 1, 2019

E1 – 52 months

E2 – 24 months

Multiple

None

Italy

July 26, 1949

60 months

Multiple

$308

Jamaica

March 7, 1997

60 months

Multiple

None

Japan

October 30, 1953

60 months

Multiple

None

Jordan

December 17, 2001

3 months

One

None

Kazakhstan

January 12, 1994

12 months

Multiple

None

South Korea

November 7, 1957

60 months

Multiple

None

Kosovo

November 15, 1882

12 months

Multiple

None

Kyrgyzstan

January 12, 1994

3 months

Two

None

Latvia

December 26, 1996

60 months

Multiple

None

Liberia

November 21, 1939

12 months

Multiple

None

Lithuania

November 22, 2001

12 months

Multiple

None

Luxembourg

March 28, 1963

60 months

Multiple

None

Macedonia

November 15, 1982

60 months

Multiple 

None

Mexico

January 1, 1994

12 months

Multiple

$42

Moldova

November 25, 1994

3 months

Two

None

Mongolia

January 1, 1997

36 months

 

$65

Montenegro

November 15, 1882

12 months

Multiple

None

Morocco

May 29, 1991

60 months

Multiple

None

Netherlands

December 5, 1957

36 months

Multiple

$2,228

New Zealand

June 10, 2019

60 months

Multiple

None

Norway

January 18, 1928

60 months

Multiple

$400

Oman

June 11, 1960

6 months

Multiple

None

Pakistan

February 12, 1961

60 months

Multiple

None

Panama

May 30, 1991

60 months

Multiple

None

Paraguay

March 7, 1860

60 months

Multiple

None

Philippines

September 6, 1955

60 months

Multiple

$662

Poland

August 6, 1994

12 months

Multiple

None

Romania

January 15, 1994

60 months

Multiple

None

Senegal

October 25, 1990

12 months

Multiple

None

Serbia

November 15, 1882

12 months

Multiple

None

Singapore

January 1, 2004

24 months

Multiple

None

Slovak Republic

January 1, 1993

  

None

Slovenia

November 15, 1982

60 months

Multiple

$345

Spain

April 14, 1903

60 months

Multiple

$234

Sri Lanka

May 1, 1993

36 months

Multiple

None

Suriname

February 10, 1963

60 months

Multiple

None

Sweden

February 20, 1992

24 months

Multiple

None

Switzerland

November 8, 1855

48 months

Multiple

$235

Thailand

June 8, 1968

6 months

Multiple

$15

Togo

February 5, 1967

36 months

Multiple

$210

Trinidad & Tobago

December 26, 1996

60 months

Multiple

None

Tunisia

Feburary 7, 1993

60 months

Multiple

None

Turkey

May 18, 1990

60 months

Multiple

None

Ukraine

November 16, 1996

3 months

Two

None

United Kingdom

July 3, 1815

60 months

Multiple

$105

Yugoslavia

November 15, 1882

   

Specific footnotes for treaty countries

China (Taiwan) – Based on Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, the agreement was concluded with Taiwan authorities before January 1, 1979, and is handled on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and comprises no recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.

Czech Republic and Slovak Republic – The treaty agreement with the Czech and Slovak Republic as separate states took effect on January 1, 1993. Yet, the treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992.

Denmark – The treaty with Denmark took effect on July 30, 1961, and doesn’t apply to Greenland.

France – The treaty with France took effect on December 21, 1960, and applies to Martinique, Guadeloupe, French Guiana, and Reunion, Departments of France.

Japan – The treaty with Japan took effect on October 30, 1953, and applied to the Ryukyu Islands on May 15, 1972, and to the Bonin Islands on June 26, 1968.

Netherlands – The treaty with the Netherlands took effect on December 5, 1957, and is pertinent to Aruba and the Netherlands Antilles.

Norway – The treaty with Norway took effect on September 13, 1932, but doesn’t apply to Svalbard and certain lesser islands.

Spain – The treaty entered into force on April 14, 1903, and applies to all territories of Spain.

Suriname – The treaty with the Netherlands was made effective in Suriname on February 10, 1963.

United Kingdom – The Convention with the United Kingdom took effect on July 3, 1815, and applies only to British territory in Europe (the British Isles except the Republic of Ireland), the Channel Islands and Gibraltar, and to the “inhabitants” of such territory. Moreover, to be considered quality for a treaty investor status under such a treaty, the individual must be a national of the U.K.

Yugoslavia – The successors that formerly made up the Socialist Federal Republic of Yugoslavia such as Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo continue to be bound by the treaty in force with the former Yugoslav Republic and the time of dissolution.

Bolivia – Foreign nationals from Bolivia with qualifying investments by June 10, 2012, continue to be entitled to the E2 visa until June 10, 2022. The only Bolivian nationals other than derivative family members who may qualify for an E2 visa are those who will come to the U.S. to engage in an E2 activity for the covered investments established or made before June 10, 2012.

Ecuador – Ecuadorian nationals with qualifying investments by May 18, 2018, continue to be entitled to the E2 visa until May 18, 2028. The only Bolivian nationals other than derivative family members who may qualify for an E2 visa are those who will come to the U.S. to engage in an E2 activity for the covered investments established or made before May 18, 2018.

Israel – Israelian nationals are now entitled to an E2 visa after a reciprocal treaty investor treatment with the U.S. since May 1, 2019.

New Zealand – Since June 10, 2019, New Zealand nationals are now eligible for an E1 and E2 visa status under Public Law 115-226.

What is an E-1 visa?

An E1 visa allows foreign nationals of a treaty country who undertake a significant amount of international trade with the U.S. to go to the country. There is no set minimum level of trade given, but it must be sufficient to justify the treaty trader or his employees staying in the U.S. to manage such trade. It must be a majority of the trader’s international trade.

What is an E-2 visa?

An E2 visa allows foreign nationals of treaty countries who made a substantial investment in a U.S. business to go to the country to direct and develop such business. There is no set minimum amount of investment given, but it must be substantial enough based on the type of business invested in.

E1 and E2 visas for employees

Once you have obtained a treaty trader or treaty investor status, you can also obtain an E visa for your employees. As it stands, two types of employees qualify for an E visa: the executive and managers, and the specialist or essential skilled workers. Both types of visas require that the employee possess the same nationality as the treaty trader or investor. Moreover, their dependents may also be issued a derivative E visa, and they are given access to U.S. education but they may not be authorized to work in the U.S.

Executives and Managers

The employee should be going to the U.S. to develop and direct the trade or investment of the treaty trader or investor. They should be able to show their executive or managerial capabilities, however, compared to other visas they are not required to show they have worked for the principal trader or investor for at least a year.

Specialist or Essential Skilled Employees

To be able to obtain this type of visa, the employee must show the following:

  • A qualified U.S. worker won’t be able to fill the position

  • Their employment is necessary for the running of the business

  • Qualified U.S. workers needed to be trained to replace their position

Once all these are met, the specialist or essential skilled worker may be able to obtain an E visa.

Acquiring an E2 visa for nationals of non-treaty countries

If you’re a national of a non-treaty country, there are two ways you can fulfil the nationality requirement for an E2 visa: 1) by being a national of a treaty country or 2) by being married to a national of a treaty country.

The non-treaty countries are as follows:

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

If you’re from a non-treaty country and would like to obtain an E2 visa, you can consult and hire an E2 visa attorney to help you with the requirements and steps you need to take to acquire the visa.

Conclusion

Compared to other visas, the E2 visa has very strict requirements when it comes to nationality. If you want to acquire the visa, you have to make sure that you are a national of a treaty country along with other requirements. To increase your chances of acquiring an E2 visa, you can hire and consult with a US immigration lawyer who can help you check which visa is the perfect option for your immigration and financial goals or help you prove your qualifications for an E2 visa.





Jeremy Abernathy

9 January 2024

I had the pleasure of working with Verdie and Nessa to obtain my E2 Visa. Their in-depth knowledge and experience allowed me to be fully prepared in my application and they were able to answer all questions leading up to the Visa interview.

Saeed Muhammad

15 December 2023

Verdie was an amazing attorney, providing exceptional client care throughout the process. He had a great depth of knowledge in all areas on business visas in the US.

Satya Choudhury

20 September 2023

I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.

Hoshino Ryuichi

12 September 2023

Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.

Picture of Mark I. Davies
Mark I. Davies
Dual qualified as a lawyer in the United States and the United Kingdom, Mark I. Davies is the Global Managing Partner and founder of our firm. Mark also Chairs our Global Business and Investor visa team and focuses his practice on EB5, L1, E2 and other business and investor visa solutions. A former General Counsel, Mark is relied on as primary counsel to major corporations, investors, non-profits and businesses of all sizes.

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This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

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