Country-Specific E-2 Visa Requirements for Investors

Investors looking to expand their business ventures into the United States often turn to the E-2 visa, which allows them to live and work in the U.S. based on a substantial investment in a U.S. enterprise. However, the requirements for obtaining an E-2 visa can vary significantly depending on the investor’s country of origin due to different treaties and agreements between the U.S. and these countries. Understanding these country-specific stipulations is crucial for a smooth application process. This blog provides a comprehensive overview of the unique E-2 visa requirements for investors from various countries, ensuring you have the detailed information needed to navigate the complexities of this visa category effectively.

Country-Specific E-2 Visa Requirements for Investors

China (Taiwan)

  • Legal Framework: Section 6 of the Taiwan Relations Act (TRA), Public Law 96-8, 93 Stat, 14, and Executive Order 12143.
  • Administration: Managed by the American Institute in Taiwan, a nonprofit corporation in Washington, D.C.
  • Note: This does not constitute official recognition of Taiwan.

Czech Republic and Slovak Republic

  • Treaty Status: Effective December 19, 1992, initially with the Czech and Slovak Federal Republic.
  • Current Application: The treaty has been in effect since January 1, 1993, and applies to the Czech Republic and Slovak Republic as separate states.

Denmark

  • Treaty Status: Effective July 30, 1961.
  • Exclusions: Does not apply to Greenland.

France

  • Treaty Status: Effective December 21, 1960.
  • Territorial Application: Includes Martinique, Guadeloupe, French Guiana, and Reunion.

Japan

  • Treaty Status: Effective October 30, 1953.
  • Extended Application: Applies to the Bonin Islands (since June 26, 1968) and the Ryukyu Islands (since May 15, 1972).

Netherlands

  • Treaty Status: Effective December 5, 1957.
  • Territorial Application: Includes Aruba and Netherlands Antilles.

Norway

  • Treaty Status: Effective September 13, 1932.
  • Exclusions: Does not apply to Svalbard (Spitzbergen and certain lesser islands).

Spain

  • Treaty Status: Effective April 14, 1903.
  • Territorial Application: Applies to all territories of Spain.

Suriname

  • Treaty Status: The treaty with the Netherlands is effective December 5, 1957.
  • Application to Suriname: Effective February 10, 1963.

United Kingdom

  • Treaty Status: Effective July 3, 1815.
  • Territorial Application: This applies to European British territory, including the British Isles (except the Republic of Ireland), the Channel Islands, and Gibraltar.
  • Qualification: Only nationals of the United Kingdom qualify.

Yugoslavia

  • Treaty Status: The treaty in force with the Socialist Federal Republic of Yugoslavia (SFRY) at its dissolution.
  • Application: This applies to the following successor states: Bosnia and Herzegovina, Croatia, Macedonia, Slovenia, Montenegro, Serbia, and Kosovo.

Bolivia

  • Eligibility Period: Bolivian nationals with investments in place by June 10, 2012, can qualify until June 10, 2022.
  • Current Application: Only for those furthering investments established before June 10, 2012.

Ecuador

  • Eligibility Period: Ecuadorian nationals with investments in place by May 18, 2018, can qualify until May 18, 2028.
  • Current Application: Only for those furthering investments established before May 18, 2018.

Israel

  • Initial Treaty: Treaty of Friendship, commerce, and Navigation effective April 3, 1954.
  • E-2 Status: Public Law 112-130 (June 8, 2012) allows E-2 status if Israel reciprocates, confirmed on May 1, 2019.

New Zealand

  • Legislation: Public Law 115-226 was enacted on August 1, 2018.
  • E-2 Status: Effective June 10, 2019, as New Zealand offers reciprocal status.

E-3 Visa Specifics

  • Eligibility: Exclusively for nationals of Australia.
  • Occupation Requirement: Must perform services in a “specialty occupation” requiring specialized knowledge and a bachelor’s degree or higher in the field.

Conclusion

Understanding these specific requirements can help investors from these countries navigate the E-2 visa application process more effectively. Consulting an immigration expert is recommended for further assistance and to ensure compliance with the latest regulations.

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Citations

We Can Help!

You may have questions regarding E-Visa requirements. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

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