The investor, whether an individual or business, must possess the nationality of the treaty country. The nationality of a business is determined by the nationality of the individual owners of that business. Below is a list of countries that have E2 investor treaty with the United States.

FOOTNOTES

1. REPUBLIC OF CHINA (TAIWAN) – Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan.  The People’s Republic of China (PRC) does not have an E-2 treaty with the United States.
2. CZECH REPUBLIC AND SLOVAK REPUBLIC – The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
3. FRANCE – The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
4. JAPAN – The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
5. NETHERLANDS – The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
6. NORWAY – The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
7. SPAIN – The Treaty which entered into force on April 14, 1903, is applicable to all territories.
8. SURINAME – The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
9. UNITED KINGDOM – The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to “inhabitants” of such territory. This term, as used in the Convention, means “one who resides actually and permanently in a given place, and has his domicile there.” Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
10. YUGOSLAVIA – The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY – Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Slovenia, and the Federal Republic of Yugoslavia continue to be bound by the treaty in force with the SFRY and the time of dissolution.
11. ISRAEL – Signed into law on June 11, 2012. The treaty investor agreement with Israel became effective on May 01, 2019 permitting Israeli citizens to apply for the E-2 visa.
12. BOLIVIA – The Bolivian government has given notice of termination, effective June 10, 2012, for the bilateral investment treaty between the United States and Bolivia. As of June 10, 2012, the treaty ceased to have effect except that it continues to apply for another 10 years after that date to covered investments existing as of June 10, 2012. Posts must request an advisory opinion from CA/VO/L/A if the applicant: (1) previously has not received an E-2 visa or acquired E-2 status in the United States, or (2) is applying on the basis of an investment in a different commercial enterprise than the enterprise identified at the time the applicant qualified for the last E-2 visa or (if no previous E-2 visa) the change of nonimmigrant status to E-2.
13. NEW ZEALAND.  President Trump signed the KIWI Act in August 2018 adding New Zealand to the list of treaty countries eligible for the E-1 Trader and E-2 Investor Visas. The treaty investor agreement with New Zealand became effective on June 10, 2019 permitting New Zealand citizens to apply for the E-2 visa.
14. ECUADOR.  The bi-lateral investment treaty between the United States and Ecuador was terminated, effective May 18, 2018.  The treaty ceased to have effect except that it continues to apply for another 10 years until May 18, 2028 to covered investments existing as of May 18, 2018. This means Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be eligible to E-2 classification until May 18, 2028.  Only Ecuadorian citizens who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, 2018 are eligible for the E-2 visa at this time.
15. Congress passed the AMIGOS Act in December 2022 requiring individuals who acquired treaty nationality through Citizenship By Investment (CBI) programs such as Grenada or Turkey to have resided in the treaty country for at least 3 years before applying for the E-2 visa.