E-2 Visa: Technical Guide
Documentary Requirements & Treaty List
This guide details the specific documentary evidence required for an E-2 petition and provides the official list of Treaty Countries with their respective effective dates.
⚠️ ELIGIBILITY WARNING: “Citizenship by Investment”. If you obtained citizenship in a treaty country listed below (e.g., Grenada, Turkey) through financial investment, the AMIGOS Act requires you to be domiciled in that country for 3 continuous years before applying.
Documentary Requirements
To approve a petition, USCIS or the Consulate requires proof of the following elements:
1. Nationality & Control
- Treaty Nationality: Valid passport from a treaty country.
- Ownership: Proof of at least 50% ownership (Stock certificates, Operating Agreement).
- Control: Evidence of operational control via managerial position or corporate structure.
2. Capital & Risk
- Lawful Source: detailed “Source of Funds” trail showing money was lawfully acquired.
- At Risk: Capital must be irrevocably committed (subject to loss if business fails).
- Active: Investment must be for a real, operating commercial enterprise (not passive real estate).
3. Enterprise & Intent
- Non-Marginal: 5-Year Business Plan showing the business will support more than just the investor.
- Essential Skills: If applying as an employee, proof of executive/supervisory or specialized skills.
- Intent to Depart: Signed statement of intent to leave U.S. when status ends.
Full Treaty Country List
The following table lists countries with valid E-1/E-2 treaties. Note the “Effective Date” – specific rules apply to countries with footnotes.
| Country | Classification | Effective Date |
|---|
| Albania | E-2 | Jan 4, 1998 |
| Argentina | E-1 / E-2 | Oct 20, 1994 |
| Australia | E-1 / E-2 | Dec 1991 |
| Austria | E-1 / E-2 | May 27, 1931 |
| Belgium | E-1 / E-2 | Oct 3, 1963 |
| Canada | E-1 / E-2 | Jan 1, 1993 |
| China (Taiwan) ¹ | E-1 / E-2 | Nov 30, 1948 |
| Colombia | E-1 / E-2 | June 10, 1848 |
| France ⁴ | E-1 / E-2 | Dec 21, 1960 |
| Germany | E-1 / E-2 | July 14, 1956 |
| Grenada | E-2 Only | March 3, 1989 |
| Ireland | E-1 / E-2 | Nov 18, 1992 |
| Israel | E-1 / E-2 | May 1, 2019 |
| Italy | E-1 / E-2 | July 26, 1949 |
| Japan ⁵ | E-1 / E-2 | Oct 30, 1953 |
| Korea (South) | E-1 / E-2 | Nov 7, 1957 |
| Mexico | E-1 / E-2 | Jan 1, 1994 |
| Netherlands ⁶ | E-1 / E-2 | Dec 5, 1957 |
| Pakistan | E-1 / E-2 | Feb 12, 1961 |
| Philippines | E-1 / E-2 | Sept 6, 1955 |
| Singapore | E-1 / E-2 | Jan 1, 2004 |
| Spain ⁸ | E-1 / E-2 | April 14, 1903 |
| Thailand | E-1 / E-2 | June 8, 1968 |
| Turkey | E-1 / E-2 | May 18, 1990 |
| United Kingdom ¹⁰ | E-1 / E-2 | July 3, 1815 |
*Scroll to view full details. This is an abbreviated list of common treaty countries.
Country Specific Footnotes
- China (Taiwan): Administered by the American Institute in Taiwan; constitutes neither recognition nor official relations.
- Denmark: Does not apply to Greenland.
- France: Applies to Martinique, Guadeloupe, French Guiana, and Reunion.
- Japan: Includes Bonin Islands and Ryukyu Islands.
- Netherlands: Applicable to Aruba and Netherlands Antilles.
- United Kingdom: Applies only to British territory in Europe (British Isles excluding Ireland, Channel Islands, Gibraltar). Commonwealth citizens do NOT qualify.
- Yugoslavia Successors: Bosnia, Croatia, Macedonia, Slovenia, Montenegro, Serbia, and Kosovo continue to be bound by the treaty.
Need Help with E-2 Documents?
Wang Law PLLC specializes in compiling complex “Source of Funds” reports.