E-2 Treaty Countries and Notable Criteria

The following countries have E-2 treaty status with the United States. Some changes may apply since some countries may be added or deleted from the list over time. Some of the effective dates date back to the 1800s.

Notably missing from the E-2 treaty list are Russia, China, Brazil, and India.

Country Specific Notes

China (Taiwan): The agreement/treaty is managed 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.”

Czech Republic and Slovak Republic: The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992. It becomes valid for the Czech Republic and Slovak Republic as separate states on January 01, 1993.

Denmark: The Treaty does not apply to Greenland

France: The Treaty “applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.”

Japan: The Treaty which was originally effective on October 30, 1953 now includes the Bonin Islands (effective June 26, 2968) and the Ryukyu Islands (effective May 15,1972).

The Netherlands: This Treaty now applies to Aruba and Netherland Antilles.

Norway: The Treaty does not apply to Svalbard (Spitzbergen and certain lesser islands).

Spain: The Treaty dates back to April 14, 1903. It applies to all territories.

Suriname: “The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.”

The United Kingdom: The are some conditions which an experienced immigration attorney can explain. For example, to qualify as a treaty investor or treaty trader, “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.”

Yugoslavia: The view of the United states is that essentially the former republic of Yugoslavia does not exist. The US view is also that the successor countries continue to be bound by the original treaty. These successor countries are Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo.

Some additional conditions apply for E-3 visas for nationals of the Commonwealth of Australia. There are also unique conditions for Bolivian nationals and Ecuadorian nationals that a skilled immigration lawyer can explain.