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_____________________________________________________________________________________________________________
Law Office of Dr. Marc Santamaria
100 Pine Street, Suite 1250, San Francisco, CA 94111, USA
marc@lawofficems.com | +1(415) 336-7311
www.lawofficems.com | www.siliconvalleystartupvisa.com
Which Countries Are Eligible for an E-2 Visa?
The E-2 is classified as a nonimmigrant treaty investor visa. A treaty country is a foreign state with
which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the
United States. A treaty country includes a foreign state that is accorded treaty visa privileges under the
Act by specific legislation. Thus, E-2 treaty investor visas may only be applied for by people or
companies from the following countries:
Argentina China (ROC) Georgia Kyrgyzstan Pakistan Switzerland
Armenia Colombia Germany Latvia Panama Thailand
Australia Congo Grenada Liberia Philippines Togo
Austria Costa Rica Honduras Luxembourg Poland
Trinidad and
Tobago
Bangladesh
The Czech
Republic
Iran Mexico Romania Tunisia
Belarus Ecuador Ireland Morocco Senegal Turkey
Belgium Egypt Italy Moldovia
The Slovak
Republic
The Ukraine
Bosnia-
Herzegovina
Estonia Jamaica Mongolia Spain United Kingdom
Bulgaria Ethiopia Japan Netherlands Sri Lanka Uzbekistan
Cameroon Finland Kazakhstan Norway Suriname Yugoslavia
Canada France Korea Oman Sweden
As for Albania, Azerbaijan, Haiti, Jordan, Nicaragua, and Russia, there exist signed treaties, but not
ratified. An investment, for purposes of the E-2 treaty investor visa, is the treaty investor's placing of
capital, including funds and other assets (which have not been obtained, directly or indirectly, through
criminal activity), at risk in the commercial sense with the objective of generating a profit. In addition,
these are the following requirements:
1. The treaty investor must be in custody and control over the investment capital;
2. In case investment fortunes reverse, the capital must be subject to partial or total loss;
 
_____________________________________________________________________________________________________________
Law Office of Dr. Marc Santamaria
100 Pine Street, Suite 1250, San Francisco, CA 94111, USA
marc@lawofficems.com | +1(415) 336-7311
www.lawofficems.com | www.siliconvalleystartupvisa.com
3. Such investment capital must be the investor's unsecured personal business capital or capital
secured by personal assets;
4. Capital in the process of being invested or that has been invested, must be irrevocably committed
to the enterprise. The foreign national has the burden of establishing such irrevocable
commitment;
5. The foreign national may use any legal mechanism available, such as the placement of invested
funds in escrow pending admission in, or approval of, E classification, that would not only
irrevocably commit funds to the enterprise, but might also extend personal liability protection to
the treaty investor in the event the application for E classification is denied.
Source: Santamaria, Marc, "Why Immigrants Benefit the United States Economy and the Legal and
Tax Issues Chinese, Filipinos and Vietnamese Face When Immigrating to the U.S." (2016).

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Which Countries Are Eligible for an E-2 Visa?

  • 1.   _____________________________________________________________________________________________________________ Law Office of Dr. Marc Santamaria 100 Pine Street, Suite 1250, San Francisco, CA 94111, USA marc@lawofficems.com | +1(415) 336-7311 www.lawofficems.com | www.siliconvalleystartupvisa.com Which Countries Are Eligible for an E-2 Visa? The E-2 is classified as a nonimmigrant treaty investor visa. A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the United States. A treaty country includes a foreign state that is accorded treaty visa privileges under the Act by specific legislation. Thus, E-2 treaty investor visas may only be applied for by people or companies from the following countries: Argentina China (ROC) Georgia Kyrgyzstan Pakistan Switzerland Armenia Colombia Germany Latvia Panama Thailand Australia Congo Grenada Liberia Philippines Togo Austria Costa Rica Honduras Luxembourg Poland Trinidad and Tobago Bangladesh The Czech Republic Iran Mexico Romania Tunisia Belarus Ecuador Ireland Morocco Senegal Turkey Belgium Egypt Italy Moldovia The Slovak Republic The Ukraine Bosnia- Herzegovina Estonia Jamaica Mongolia Spain United Kingdom Bulgaria Ethiopia Japan Netherlands Sri Lanka Uzbekistan Cameroon Finland Kazakhstan Norway Suriname Yugoslavia Canada France Korea Oman Sweden As for Albania, Azerbaijan, Haiti, Jordan, Nicaragua, and Russia, there exist signed treaties, but not ratified. An investment, for purposes of the E-2 treaty investor visa, is the treaty investor's placing of capital, including funds and other assets (which have not been obtained, directly or indirectly, through criminal activity), at risk in the commercial sense with the objective of generating a profit. In addition, these are the following requirements: 1. The treaty investor must be in custody and control over the investment capital; 2. In case investment fortunes reverse, the capital must be subject to partial or total loss;
  • 2.   _____________________________________________________________________________________________________________ Law Office of Dr. Marc Santamaria 100 Pine Street, Suite 1250, San Francisco, CA 94111, USA marc@lawofficems.com | +1(415) 336-7311 www.lawofficems.com | www.siliconvalleystartupvisa.com 3. Such investment capital must be the investor's unsecured personal business capital or capital secured by personal assets; 4. Capital in the process of being invested or that has been invested, must be irrevocably committed to the enterprise. The foreign national has the burden of establishing such irrevocable commitment; 5. The foreign national may use any legal mechanism available, such as the placement of invested funds in escrow pending admission in, or approval of, E classification, that would not only irrevocably commit funds to the enterprise, but might also extend personal liability protection to the treaty investor in the event the application for E classification is denied. Source: Santamaria, Marc, "Why Immigrants Benefit the United States Economy and the Legal and Tax Issues Chinese, Filipinos and Vietnamese Face When Immigrating to the U.S." (2016).