E-2 Visa for Chinese Citizens: China, Taiwan and Alternatives

Mainland China is not an E-2 treaty country, so citizens of the People’s Republic of China cannot apply for the E-2 as principal investors, and Hong Kong is not eligible either. Taiwan is eligible: Taiwanese nationals have E-1 and E-2 status under a treaty from November 30, 1948, and they received 2,921 E-2 visas in FY2024. PRC citizens who want a business-based U.S. visa usually look at the L-1A, EB-5, O-1A or EB-2 NIW, or at E-2 status through a treaty-national spouse.

Why is mainland China not eligible for the E-2?

The E-2 is available only to nationals of countries listed in the treaty table at 9 FAM 402.9-10. The PRC has no qualifying treaty of commerce and navigation or bilateral investment treaty with the United States, and the State Department lists mainland China among non-treaty nationalities. Hong Kong also has no E-2 status. Our page on countries not eligible for the E-2 lists other common examples.

Residence does not change this. A PRC citizen living in Singapore, Canada or Japan with permanent residence there is still a PRC national for E-2 purposes. Only the citizenship of a treaty country counts.

Why did 136 PRC nationals receive E-2 visas in FY2024?

The FY2024 statistics show 136 E-2 visas issued to mainland Chinese nationals. These are almost entirely family members. A spouse and unmarried children under 21 of a treaty investor receive E-2 derivative status regardless of their own nationality, so a Chinese spouse of a Taiwanese, Japanese or Canadian E-2 investor is counted as a PRC national. Other non-treaty countries show the same pattern, for example 79 for India.

Taiwan: an E-2 treaty jurisdiction

The treaty table lists “China (Taiwan)” for both E-1 and E-2, in force since November 30, 1948. Footnote 1 explains that, under Section 6 of the Taiwan Relations Act (Public Law 96-8), the agreement concluded before January 1, 1979 is administered on a nongovernmental basis by the American Institute in Taiwan (AIT).

Jurisdiction	E-2 status	FY2024 E-2 visas
Taiwan	Eligible (E-1 and E-2 since Nov 30, 1948)	2,921
Mainland China (PRC)	Not eligible	136 (family members)
Hong Kong	Not eligible	Not applicable

Taiwan ranked sixth among all nationalities in FY2024, behind Japan, Korea, Canada, Germany and France. Taiwanese nationals apply through the American Institute in Taiwan in Taipei and follow the standard E-2 rules: a substantial, at-risk investment proportional to the cost of the business, a real and non-marginal enterprise, at least 50% Taiwanese ownership with the investor holding 50% or operational control, and intent to depart. Visa validity is set by the reciprocity table on travel.state.gov. See the complete E-2 requirements.

Many Taiwanese investors, in our experience, choose restaurants and tea or bakery concepts, technology and electronics trading companies, and franchises in California, Texas, New York and New Jersey, along with E-2 employee assignments at Taiwanese-owned manufacturers.

Practical points for Taiwanese applicants

• Source of funds. Taiwanese funds are usually well documented: bank statements, property sale contracts and registration records, company financial statements and tax filings, and remittance records showing the conversion from New Taiwan dollars to U.S. dollars. See E-2 source of funds.
• Corporate employees. A U.S. company that is at least 50% Taiwanese-owned can bring Taiwanese executives, supervisors and essential employees on E-2 employee visas, each filing Form DS-156E.
• Dual nationals. A person holding both Taiwanese and another treaty citizenship chooses one for the E-2 case, and the business ownership must match that choice.
• Family. A spouse of any nationality, including a PRC national, receives E-2 derivative status and may work; children under 21 can study but not work.
• Process. Expect the standard sequence: Form DS-160, the $315 MRV fee per applicant, an indexed evidence package with a business plan, and an in-person interview. Taiwanese nationals already in the U.S. in valid status can change status through USCIS on Form I-129.

Route 1: a treaty-national spouse as the principal

If your spouse holds citizenship of a treaty country, including Taiwan, they can be the principal E-2 investor and you can hold derivative status with work authorization (class E-2S on the I-94). The treaty-national spouse must genuinely own and direct the business, holding at least 50% or operational control. A company placed in a spouse’s name while the PRC spouse runs it is a serious risk at the interview.

Route 2: citizenship of a treaty country

By birth, descent, marriage or ordinary naturalization. Chinese-origin individuals who hold Singaporean, Canadian, Australian, British or other treaty citizenship can apply on that passport with no extra domicile test. China does not recognize dual nationality, so many in this group no longer hold PRC citizenship.

By investment. Since December 23, 2022 (Public Law 117-263), anyone who acquired treaty nationality through a financial investment and has not held E status before must have been domiciled in that country for at least three continuous years at some point before applying. Holding a Grenadian passport while living in Shanghai does not qualify. From decision to U.S. arrival, this route usually takes about four years; see Grenada citizenship and the E-2.

Route 3: alternatives that do not need a treaty

Visa	Core requirement	Leads to a green card?	Best fit
L-1A	1 continuous year in the past 3 with a related company abroad as an executive or manager	Dual intent; EB-1C petition possible	Owners of an operating Chinese company
EB-5	$800,000 in a targeted employment area or $1,050,000 otherwise, creating 10 jobs	Yes, directly	Investors seeking permanent residence
O-1A	Evidence of extraordinary ability	Indirectly, often via EB-1A	Founders with funding, awards or press
EB-2 NIW	Advanced degree or exceptional ability, venture of national importance	Yes, directly	Research and deep-tech founders

L-1A is the closest business equivalent: you open a U.S. subsidiary or affiliate of your Chinese company and transfer as an executive or manager. A new-office L-1A is approved for one year initially, with total L-1A time capped at seven years. See E-2 vs L-1.

EB-5 gives a direct path to permanent residence, but immigrant visa availability for China-born applicants depends on the monthly visa bulletin. See E-2 vs EB-5 and our overview of U.S. investor visas.

Moving funds out of mainland China

Whatever the route, U.S. officers expect a lawful source and a documented path of funds. China’s foreign exchange rules limit how much an individual can convert and send abroad each year, and moving larger sums usually requires planning, approved channels and full records. Transfers through informal channels break the trail and can sink a case. Confirm current rules with your bank and a qualified adviser before you set a timeline.

Next steps

If you are a Chinese or Taiwanese entrepreneur weighing these options, book a consultation. For Taiwanese investors we build standard E-2 businesses; for PRC clients we structure and launch the U.S. company that fits the chosen visa category, write the business plan and organize investment evidence, and we introduce independent immigration attorneys who advise on and file the case.