1. E Visa for Treaty Traders and Investors, and the Requirement for Treaty Country Nationality The E nonimmigrant visa allows a national of a treaty country to be admitted to the United States solely to engage in international trade and investment. A treaty country maintains a treaty of commerce and navigation with the United States, or it maintains a qualifying international agreement with the United States. Certain employees of such a person or of a qualifying organization may also be eligible for the E-1 visa or E-2 Visa.   The treaties to eligibility for E visa are generally on a reciprocal basis, thus they will also entitle U.S. person and companies to obtain similar immigration rights in the other treaty country. Nations with restrictive investment policies or currency controls are unlikely to have such a treaty with the United States. Most recent treaties entered into by the United States with the former Communist countries tend to be "Bilateral Investment Treaties", conferring only E-2 eligibility on nationals of the contracting state. Also, the existing treaties may be suspended, if the United States' relationship with the treaty country deteriorates significantly, or if the country is subject to international sanctions. Only nationals on the Treaty Countries list can apply for E visa. Nationals of many countries in the world come under the E visa country list. Most european countries come under the list and so do many other countries, including Japan, Canada, Mexico, Pakistan and Bangladesh. Countries that are noticeably absent from the list include India, China and Russia. Nationals of Taiwan can apply E visa.  Perhaps it is not surprising that India and China are not on the list. For all E-1 visa and E-2 visa filings, USCIS may request additional documentation related to how the applicant obtained treaty country nationality to ensure compliance with the regulation.  2. The Domicile Requirement of E Visa Applicants with Treaty Country Citizenship through Financial Investment The U.S. government has made it more difficult to secure an E-1 or E-2 visa by receiving citizenship by financial investment into a treaty country. The "domicile requirement” will impact those who are pursuing treaty country nationality through financial investment. For those individuals who obtained treaty country nationality through a financial investment, USCIS may require additional documentation to show that the applicant has been domiciled in the treaty country indicated in the application for a continuous period of at least 3 years at any point before applying for E-1 or E-2 classification. The current text of the statute is as follows: "An alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which the alien is a national, or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years at any point before applying for a nonimmigrant visa under this subparagraph, and the spouse and children of any such alien if accompanying or following to join such alien." One of the fundamental requirements for an E-1 or E-2 visa is that the applicant must be a national of an E-1 or E-2 treaty country. While there are many U.S. treaty countries in the world, a number of countries are not treaty countries. These include China, India, Brazil, and South Africa, among others. In the past, those who were not nationals of a treaty country could pursue an E-1 or E-2 visa by first securing citizenship in a country that is a treaty country. Certain other treaty countries have introduced “citizenship by investment” programs that made the process of applying for citizenship relatively fast and straightforward. For example, in the case of Grenada, it was not even necessary to reside in the country before receiving its citizenship. With a new Grenada passport, the applicant was able to satisfy the E-1 and E-2 nationality requirement, and to therefore pursue an E-1 or E-2 visa. 3. The List of Treaty Countries with United States Country Classification Entered into Force Albania E-2 January 4, 1998 Argentina E-1 December 20, 1854 Argentina E-2 December 20, 1854 Armenia E-2 March 29, 1996 Australia E-1 December 16, 1991 Australia E-2 December 27, 1991 Australia E-3 September 2, 2005 Austria E-1 May 27, 1931 Austria E-2 May 27, 1931 Azerbaijan E-2 August 2, 2001 Bahrain E-2 May 30, 2001 Bangladesh E-2 July 25, 1989 Belgium E-1 October 3, 1963 Belgium E-2 October 3, 1963 Bolivia E-1 November 09, 1862 Bolivia E-2 June 6, 2001 Bosnia and Herzegovina E-1 November 15, 1982 Bosnia and Herzegovina  E-2 November 15, 1982 Brunei E-1 July 11, 1853 Bulgaria E-2 June 2, 1954 Cameroon E-2 April 6, 1989 Canada E-1 January 1, 1994 Canada E-2 January 1, 1994 Chile E-1 January 1, 2004 Chile E-2 January 1, 2004 China (Taiwan)  E-1 November 30, 1948 China (Taiwan)  E-2 November 30, 1948 Colombia E-1 June 10, 1948 Colombia E-2 June 10, 1948 Congo (Brazzaville) E-2 August 13, 1994 Congo (Kinshasa) E-2 July 28, 1989 Costa Rica E-1 May 26, 1852 Costa Rica E-2 May 26, 1852 Croatia  E-1 November 15, 1982 Croatia  E-2 November 15, 1982 Czech Republic  E-2 January 1, 1993 Denmark  E-1 July 30, 1961 Denmark E-2 December 10, 2008 Ecuador  E-2 May 11, 1997 Egypt E-2 June 27, 1992 Estonia E-1 May 22, 1926 Estonia E-2 February 16, 1997 Ethiopia E-1 October 8, 1953 Ethiopia E-2 October 8, 1953 Finland E-1 August 10, 1934 Finland E-2 December 1, 1992 France  E-1 December 21, 1960 France  E-2 December 21, 1960 Georgia E-2 August 17, 1997 Germany E-1 July 14, 1956 Germany E-2 July 14, 1956 Greece E-1 October 13, 1954 Grenada E-2 March 3, 1989 Honduras E-1 July 19, 1928 Honduras E-2 July 19, 1928 Ireland E-1 September 14, 1950 Ireland E-2 November 18, 1992 Israel  E-1 April 3, 1954 Israel  E-2 May 1, 2019 Italy E-1 July 26, 1949 Italy E-2 July 26, 1949 Jamaica E-2 March 7, 1997 Japan  E-1 October 30, 1953 Japan E-2 October 30, 1953 Jordan E-1 December 17, 2001 Jordan E-2 December 17, 2001 Kazakhstan E-2 January 12, 1994 Korea (South) E-1 November 7, 1957 Korea (South) E-2 November 7, 1957 Kosovo  E-1 November 15, 1882 Kosovo  E-2 November 15, 1882 Kyrgyzstan E-2 January 12, 1994 Latvia E-1 July 25, 1928 Latvia E-2 December 26, 1996 Liberia E-1 November 21, 1939 Liberia E-2 November 21, 1939 Lithuania E-2 November 22, 2001 Luxembourg E-1 March 28, 1963 Luxembourg E-2 March 28, 1963 Macedonia  E-1 November 15, 1982 Macedonia  E-2 November 15, 1982 Mexico E-1 January 1, 1994 Mexico E-2 January 1, 1994 Moldova E-2 November 25, 1994 Mongolia E-2 January 1, 1997 Montenegro  E-1 November 15, 1882 Montenegro  E-2 November 15, 1882 Morocco E-2 May 29, 1991 Netherlands  E-1 December 5, 1957 Netherlands  E-2 December 5, 1957 New Zealand  E1 June 10, 2019 New Zealand  E2 June 10, 2019 Norway  E-1 January 18, 1928 Norway  E-2 January 18, 1928 Oman E-1 June 11, 1960 Oman E-2 June 11, 1960 Pakistan E-1 February 12, 1961 Pakistan E-2 February 12, 1961 Panama E-2 May 30, 1991 Paraguay E-1 March 07, 1860 Paraguay E-2 March 07, 1860 Philippines E-1 September 6, 1955 Philippines E-2 September 6, 1955 Poland E-1 August 6, 1994 Poland E-2 August 6, 1994 Romania E-2 January 15, 1994 Senegal E-2 October 25, 1990 Serbia  E-1 November 15,1882 Serbia  E-2 November 15,1882 Singapore E-1 January 1, 2004 Singapore E-2 January 1, 2004 Slovak Republic  E-2 January 1, 1993 Slovenia  E-1 November 15, 1982 Slovenia  E-2 November 15, 1982 Spain  E-1 April 14, 1903 Spain  E-2 April 14, 1903 Sri Lanka E-2 May 1, 1993 Suriname  E-1 February 10, 1963 Suriname  E-2 February 10, 1963 Sweden E-1 February 20, 1992 Sweden E-2 February 20, 1992 Switzerland E-1 November 08, 1855 Switzerland E-2 November 08, 1855 Thailand E-1 June 8, 1968 Thailand E-2 June 8, 1968 Togo E-1 February 5, 1967 Togo E-2 February 5, 1967 Trinidad & Tobago E-2 December 26, 1996 Tunisia E-2 February 7, 1993 Turkey E-1 February 15, 1933 Turkey E-2 May 18, 1990 Ukraine E-2 November 16, 1996 United Kingdom  E-1 July 03, 1815 United Kingdom  E-2 July 03, 1815 Yugoslavia  E-1 November 15, 1882 Yugoslavia  E-2 November 15, 1882 4. The Explanation for Some Treaty Countries with United States 1. 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, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan. 2. Czech Repubilc 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. Denmark - The Treaty which entered into force on July 30, 1961, does not apply to Greenland. 4. France - The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion. 5. 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. 6. Netherlands - The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles. 7. Norway - The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands). 8. Spain - The Treaty which entered into force on April 14, 1903, is applicable to all territories. 9. Suriname - The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963. 10. 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. 11. 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 Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo a continue to be bound by the treaty in force with the SFRY and the time of dissolution. 12. The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the United States to perform services in a "specialty occupation." The term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation. 13. Bolivia - Bolivian nationals with qualifying investments in place in the United States by June 10, 2012 continue to be entitled to E-2 classification until June 10, 2022.  The only nationals of Bolivia (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to June 10, 2012. 14. Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be entitled to E-2 classification until May 18, 2028. The only nationals of Ecuador (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants 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. 15. Israel: Pursuant to a treaty of friendship, commerce, and navigation between the United States and Israel that entered into force on April 3, 1954 entitled nationals of Israel to E-1 status for treaty trader purposes. Nationals of Israel are not entitled to E-2 classification for treaty investor purposes under that treaty. Public Law 112-130 (June 8, 2012), accords nationals of Israel E-2 status for treaty investor purposes if the Government of Israel provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that Israel offers reciprocal treaty investor treatment to U.S. nationals and E-2 visa may be issued to nationals of Israel beginning on May 1, 2019. 16. New Zealand: Public Law 115-226, enacted on August 1, 2018, accorded nationals of New Zealand to E-1 and E-2 status for treaty trader/treaty investor purposes if the Government of New Zealand provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that New Zealand offers similar nonimmigrant status to U.S. nationals and E visas may be issued to nationals of New Zealand beginning on June 10, 2019. 5. The E-1 Visa Validity Period and Reciprocity Period 1) What is visa validity period? The amount of time on E-1 visa can be granted for varies by country and depends on the agreement, which is called "reciprocity", between your country and the United States. For example, Jordan has reciprocity periods of as little as 3 months, while other countries allow applicants to get an E-1 visa for up to 5 years. Even in cases where the country reciprocity allows the applicant to apply for 5 years E visa, the actual amount of time granted to the applicant is also based on the discretion of the U.S. Consular officer adjudicating the application. A consular officer may issue less than the maximum period, if they would like to monitor the progress of the business, and to see if the business is on track after a year or two. 2) What is reciprocity period? The "Reciprocity Period" is the maximum amount of time a non-immigrant visa can be issued for. The following is a list of reciprocity period for the E-1 treaty countries. While E-1 visas may be issued for a maximum period of 5 years for most countries, for some countries, the time is a shorter period. 6. List of Reciprocity Period for Each Country - How Long E-1 Visa Can Be Issued List of E-1 Treaty countries and Reciprocity E-1 Country How long can the E-1 visa be issued for  (Reciprocity Period) Number of entries to the U.S. Argentina 60 months multiple Australia 48 months multiple Austria 60 months multiple Belgium 60 months multiple Bolivia 60 months multiple Bosnia and Herzegovina 12 months multiple Brunei 41 months multiple Canada 60 months multiple Chile 12 months multiple China (Taiwan) 60 months multiple Colombia 60 months multiple Costa Rica 60 months multiple Croatia 60 months multiple Denmark 18 months multiple Estonia 60 months multiple Ethiopia 6 months multiple Finland 24 months multiple France 25 months multiple Germany 60 months multiple Greece 60 months multiple Honduras 60 months multiple Ireland 60 months multiple Israel 52 months multiple Italy 60 months multiple Japan 60 months multiple Jordan 3 months one Korea (South) 60 months multiple Kosovo 12 months multiple Latvia 34 months multiple Liberia 12 months multiple Luxembourg 60 months multiple Macedonia 60 months multiple Mexico 12 months multiple Montenegro 12 months multiple Netherlands 36 months multiple New Zealand 60 months multiple Norway 36 months multiple Oman 6 months multiple Pakistan 60 months multiple Paraguay 60 months multiple Philippines 60 months multiple Poland 12 months multiple Serbia 12 months multiple Singapore 24 months multiple Slovenia 60 months multiple Spain 60 months multiple Suriname 60 months multiple Sweden 24 months multiple Switzerland 48 months multiple Thailand 6 months multiple Togo 36 months multiple Turkey 60 months multiple United Kingdom 60 months multiple

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