E-2 Visa Options for Citizens of Non-Treaty Countries

Citizens of countries without an E-2 treaty, including India, mainland China, Brazil, Russia, Vietnam, Nigeria and South Africa, cannot apply for an E-2 visa as investors on that passport, whatever the size of the investment. The realistic options are to qualify through a second citizenship in a treaty country, to come as the spouse of a treaty-national investor, or to choose a different U.S. visa such as EB-5, L-1A, O-1, EB-2 NIW or H-1B.

This page explains each route, what it really requires, and how the alternatives compare.

Why some countries have no E-2 visa

The E-2 exists only for nationals of countries that have a qualifying treaty of commerce and navigation or a bilateral investment treaty with the United States, or that were added by legislation. The list is in the Foreign Affairs Manual at 9 FAM 402.9-10 and on our E-2 treaty countries page.

Countries without an E-2 treaty include:

Region	Non-treaty countries (examples)
Asia	India, mainland China, Hong Kong, Vietnam, Indonesia, Malaysia, Uzbekistan
Europe	Russia, Belarus
Americas	Brazil, Peru
Africa	Nigeria, South Africa, Ghana, Kenya
Middle East	Saudi Arabia, United Arab Emirates

In State Department data you may see small E-2 numbers for some of these nationalities, such as 136 for mainland China and 141 for Brazil in fiscal year 2024. These are family members: spouses and children of an E-2 investor receive E-2 derivative visas regardless of their own nationality. They are not investors.

Route 1: A second citizenship in a treaty country

If you hold, or can obtain, citizenship of a treaty country, you can apply as an E-2 investor on that nationality. How you got that citizenship matters.

Citizenship by descent, marriage or naturalization

Many people already qualify for a treaty-country passport through ancestry, marriage or years of residence. Citizenship obtained this way is not acquired through a financial investment, so the special domicile rule below does not apply. Once you hold the passport, you meet the nationality requirement, and the business must be at least 50% owned by nationals of that country.

Citizenship by investment: the three-year domicile rule

Several treaty countries, including Grenada and Turkey, grant citizenship in exchange for an investment. Since December 23, 2022, the AMIGOS Act (part of Public Law 117-263) requires anyone who acquired treaty nationality through a financial investment, and who was not previously in E status, to have been domiciled in that country for at least three continuous years at some point before applying for the E-2.

In practice this means the old model of buying a passport and applying for the E-2 a few months later no longer works. You need to actually live in the treaty country for three years. For some families that is a reasonable plan, for example when they want to relocate to Turkey anyway; for most, it changes the timeline significantly. We explain the details in E-2 through Grenada citizenship and in the country guide for Turkish citizens.

A second passport also brings obligations of its own: taxes, military service rules in some countries, and restrictions some home countries place on dual nationality. Get advice on both countries’ rules before you apply.

Route 2: The spouse of a treaty-national investor

If your spouse is a citizen of a treaty country, your spouse can be the E-2 investor and you receive E-2 derivative status, whatever your own nationality. Since January 30, 2022, E-2 spouses receive an I-94 with the class E-2S, which is evidence of work authorization, so you can work for any employer or in the family business.

The business must be at least 50% owned by treaty nationals, and the treaty-national spouse must develop and direct it. You can own the other share. See E-2 ownership rules for how couples of different nationalities usually structure ownership, and E-2 spouse and children for family rights.

Why the E-2 employee route does not help

The E-2 also covers employees of a treaty-owned business who work as executives, supervisors or essential workers. It can look like a path for non-treaty nationals, but it is not.

Under 9 FAM 402.9-7(A), the employer and the employee must have the same nationality. A company owned by Japanese nationals can bring in Japanese employees on E-2 visas, but not Indian or Brazilian employees. A non-treaty national therefore cannot use this route unless they also hold the company’s treaty nationality. More detail is on E-2 visa for employees.

Route 3: A different visa

Several U.S. visas have no nationality restriction. Each has very different requirements.

Visa	Fits	Investment	Leads to a green card	Main limitation
EB-5	Investors with substantial capital	$800,000 in a TEA or $1,050,000 elsewhere	Yes, it is an immigrant visa	Large capital at risk; long waits for some nationalities
L-1A	Owners or managers of an established company abroad	No set amount; must fund a U.S. office	Possible via EB-1C	Requires at least 1 year of qualifying employment abroad with a related company
O-1	Founders and professionals with a strong record of achievement	None	Not directly	High evidence bar for extraordinary ability
EB-2 NIW	Professionals with an advanced degree or exceptional ability	None	Yes, it is an immigrant petition	Must show work in the U.S. national interest; long waits for some nationalities
H-1B	Professionals with a degree and a U.S. employer	None	Possible via employer sponsorship	Annual cap and lottery; 2025 fee and policy changes

EB-5

The EB-5 immigrant investor visa leads directly to a green card and has no nationality requirement. The investment is $800,000 in a targeted employment area or $1,050,000 elsewhere, and the investment must create full-time jobs for U.S. workers. Investors from countries with high demand, such as India and mainland China, can face long waits under per-country limits. Compare it with the E-2 in E-2 vs EB-5.

L-1A

If you own or manage a company abroad, the L-1A lets that company open a U.S. office and transfer you as an executive or manager. You must have worked for the related foreign company for at least one continuous year in the three years before the petition. The L-1A can later support an EB-1C green card for multinational managers. See E-2 vs L-1.

O-1

The O-1 is for people with extraordinary ability, shown through awards, press, high pay, critical roles or similar evidence. Founders with a strong track record sometimes use it to run their own U.S. company through an agent or employer structure.

EB-2 NIW

The EB-2 National Interest Waiver is a self-petition for a green card. It suits founders and professionals whose U.S. work has substantial merit and national importance. No employer or job offer is needed, but the evidence bar is high, and waits depend on your country of birth.

H-1B

The H-1B requires a U.S. employer, a specialty occupation and, for most cases, selection in the annual lottery. Fees and policies changed in 2025, so confirm the current rules with your attorney before relying on this route.

We compare all of these in more depth on U.S. investor visas compared.

How to choose

A rough guide from our practice:

• Already a treaty national through ancestry or marriage, or married to one? The E-2 is usually the simplest route.
• Running a profitable company abroad? Look at L-1A first.
• Significant capital and a goal of permanent residence? EB-5 is the direct route.
• Strong professional record? O-1 or EB-2 NIW may fit.
• Willing to relocate to a treaty country for three years? A second citizenship can open the E-2 later.

Country-specific notes are in our guides for Indian citizens, Chinese citizens and Russian citizens.

Next steps

If you are not sure which route fits, book a consultation. We will look at your nationality, family, business background and budget, and tell you plainly whether an E-2 is realistic or another visa makes more sense. If you already have a treaty passport, start with the E-2 eligibility checker.