E-2 business plans by country
The E-2 rules are the same in every country. Your nationality decides whether a treaty applies, where you apply and which visa terms you receive.
Published November 4, 2026 · By VisaPlans team
Short answer
The E-2 visa is open only to nationals of countries that have a qualifying treaty with the United States. The investment criteria are the same for every country. What changes by country is the treaty itself, the consulate where you apply and the visa terms set by reciprocity. The plan stays focused on the business.
How does nationality work for the E-2?
The U.S. Department of State sets out the nationality rules in the Foreign Affairs Manual, at 9 FAM 402.9. They apply to the investor and to the business.
Nationality, not residence
The investor must hold the nationality of the treaty country. A business takes the nationality of its owners. The country where it is incorporated does not matter.
At least 50 percent
Nationals of the treaty country must own at least 50 percent of the business. The investor also needs to control it, usually through at least 50 percent ownership or operational control.
One nationality per business
A dual national chooses one treaty nationality for the business. The owner and all E visa employees then use that same nationality. A business owned 50/50 by nationals of two treaty countries is the exception.
Green card holders
Shares held by U.S. lawful permanent residents do not count toward the nationality of the business.
What changes from one country to the next?
The criteria stay the same. The table shows where guidance treats countries differently.
| What changes | What guidance says | Example |
|---|---|---|
| Treaty status | Only countries listed in 9 FAM 402.9-10 qualify, and a country can have E-1 without E-2. | Greece and Brunei are listed for E-1 only. |
| Treaties that ended | Some treaties now cover only investments made before they ended. | Bolivia and Ecuador qualify only for covered investments already in place. |
| Recent additions | Countries can be added by treaty or by an act of Congress. | Israel from May 1, 2019, New Zealand from June 10, 2019 and Portugal from March 15, 2024. |
| Who a treaty covers | Some treaties cover only certain nationals or territories. | The United Kingdom treaty covers United Kingdom nationals only, not other Commonwealth nationals. |
| Where you apply | Since September 6, 2025, the State Department directs visa applicants to apply in their country of nationality or residence. | Applicants who apply based on residence need proof of it. |
| Visa validity and fees | Each nationality has its own reciprocity schedule, which sets visa validity and fees. | Spouses and children with treaty nationality follow their own country's schedule. |
Treaty lists and reciprocity terms change. Check the State Department's current pages before you apply. Your immigration attorney can confirm what applies to you.
What stays the same in every country
The plan answers the same questions whatever your passport says. Is the business real and operating? Is the investment substantial and at risk? Can the business do more than support your family within five years?
Nationality shows up in one place: ownership. The plan sets out who owns the business, in what share, and who develops and directs it. Our guide to E-2 business plans by industry covers the investment criteria in more detail.
Country guides
Each guide covers one treaty country: its treaty terms, where nationals apply and what the plan presents for investors from that country. New guides are added here as they are published.
Where VisaPlans fits
VisaPlans prepares E-2 business plans for treaty investors for $599 one time. Expert-trained AI writes the plan and a human specialist reviews every page. You receive editable Word and Excel files within 3 business days of confirmed information.
Questions, answered
Which countries qualify for the E-2 visa?
The State Department publishes the current list in 9 FAM 402.9-10 and on its Treaty Countries page. Check your nationality on that list. Your immigration attorney can confirm that it applies to your case.
Can a dual national apply for the E-2?
State Department guidance lets a dual national use one treaty nationality for the business, and everyone in E status with that business then uses the same nationality. Your immigration attorney can advise how this applies to you.
Does my country of residence matter?
Since September 6, 2025, the State Department directs applicants to apply in their country of nationality or residence. If you apply where you live rather than where you are a national, you need proof of residence.
Is the VisaPlans plan different for each country?
The structure follows the same E-2 criteria for every nationality. Each VisaPlans plan is built from your own ownership structure, investment and market, so no two plans read the same.
Sources
- U.S. Department of State, Foreign Affairs Manual, 9 FAM 402.9, Treaty Traders, Investors, and Specialty Occupations (updated February 17, 2026)
- U.S. Department of State, Treaty Countries
- U.S. Department of State, Adjudicating Nonimmigrant Visa Applicants in Their Country of Residence (updated December 12, 2025)
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