Only citizens of treaty countries can use the E-2 visa. Canada, Pakistan, Mexico, Turkey, Egypt and the Philippines are on the State Department list, and India, mainland China, the UAE and Nigeria are not (U.S. Department of State, Oct 2026).
Check your passport before you spend money on a business plan. The list can change, so read the current table on the day you decide.
Why does nationality matter for the E-2?
Nationality matters because the E-2 exists under treaties between the United States and other countries. If your country has no treaty, you cannot use the visa, however strong your business is. USCIS lists treaty citizenship as the first requirement (USCIS, Aug 2026).
Which countries are on the E-2 list?
The State Department keeps the official treaty table, and it is the only list that counts. Canada’s E-2 treaty came into force on 1 January 1994 (U.S. Department of State).
- On the list: Canada, Pakistan, Mexico, Turkey, Egypt and the Philippines.
- Not on the list: India, mainland China, the UAE and Nigeria.
These are examples, not the full table. Open the State Department table and look for your country by name.
What if you hold two passports?
You apply as a citizen of a treaty country, so the treaty-country passport is the one that matters. Your nationality decides this, not the country where you live. Confirm the details with your attorney before you plan around a second passport.
Does citizenship by investment count?
It can count, but only after a waiting period. If you gained citizenship through a financial investment and have never held E status, you must have lived in that country continuously for at least three years at some point before you apply (Public Law 117-263, section 5902). Citizenship by birth, descent, marriage or naturalization is not affected.
What if your country is not on the list?
You need a different route. Several options do not depend on a treaty, such as the EB-2 NIW, the EB-1A, the O-1 and the L-1. The U.S. route finder compares them for your profile, and our page on U.S. employment green cards shows the permanent options.
How do you check your fit?
Step 1: Find your country on the State Department treaty table.
Step 2: Confirm the passport you will apply under.
Step 3: Take the E-2 eligibility check. It tests the rest of your plan in about three minutes.
Canadian citizens have their own steps at the Toronto consulate. See our guide for Canadian E-2 investors.
Frequently asked questions
What if my country is not on the list? Is there another way?
Yes. The E-2 is closed to you, but other routes do not need a treaty, such as the EB-2 NIW, the EB-1A, the O-1 and the L-1. The route finder compares them for your profile.
I hold a UK passport but live in Australia. Can I apply?
Your nationality decides, not where you live. Check that the passport you apply under belongs to a country on the State Department table, and confirm the details with your attorney.
My business partner has a U.S. green card. Does their 50 percent ownership count?
The E-2 asks you to own at least 50 percent or hold operational control as a treaty-country citizen (USCIS, Aug 2026). A partner with a green card does not make your own nationality count, so have an attorney review the ownership structure.
Does citizenship by investment qualify for the E-2?
It can, but only after you have lived in that country continuously for at least three years before you apply (Public Law 117-263, section 5902).
Where is the official list?
The U.S. Department of State publishes the treaty table. Use it on the day you decide, because treaties can change.
Last updated: 15 October 2026.
Amir Ismail leads Amir Ismail & Associates, which has guided clients since 1991 and works with independent U.S. immigration attorneys. AIA is not a law firm. Legal advice and filings are handled by the attorney.
