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Which Countries Have an E-2 Treaty With the U.S.? (2026 List)

September 30, 2026

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September 30, 2026

GWP IMMIGRATION LAW

Your Passport Decides Whether the E-2 Visa Is Even an Option

Only nationals of countries with a qualifying treaty of commerce and navigation with the United States can apply for an E-2 visa.

Portugal joined the list in 2024, and a 2022 federal law now restricts the E-2 for anyone who bought treaty-country citizenship through investment.

Updated September 30, 2026 · GWP Law · Las Vegas, NV

THE CONTEXT

Which Countries Have an E-2 Treaty With the United States?

Only nationals of a country listed in the State Department’s treaty table qualify for an E-2 visa — and the U.S. enterprise itself must also carry that same nationality.

The complete, authoritative list lives in 9 FAM 402.9-10, which the Department of State updates as new treaties enter into force.

For Spanish-speaking clients, the most commonly used treaty countries include Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Honduras, Mexico, Panama, Paraguay, and Spain.

Notably absent from that list: Venezuela, Peru, Brazil, Cuba, Guatemala, El Salvador, and the Dominican Republic currently have no E-2 treaty with the United States.

Portugal’s 2024 Addition

Portugal’s E-1 and E-2 treaty entered into force on March 15, 2024, under the AMIGOS Act, part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263).

Portuguese nationals are now able to apply for E-2 status on the same footing as other treaty countries.

The 3-Year Domicile Rule for Citizenship-by-Investment

The same 2022 law added a new restriction: an applicant who acquired treaty-country citizenship through financial investment must have been domiciled in that country for a continuous period of at least three years before applying for E-2 status.

This targets citizenship-by-investment programs, such as those in Grenada and Turkey, and is meant to confirm a genuine link to the treaty country, not just a passport of convenience.

Two Countries With Special Restrictions

Bolivia. New E-2 applicants must show an investment made before June 10, 2012, to rely on Bolivia’s treaty.
Ecuador. Investments made before May 18, 2018, remain eligible only through May 18, 2028.

Assumptions That Backfire

What Actually Qualifies

“I have Spanish citizenship, so I automatically qualify”

Confirming your citizenship was not acquired through an investment program within the last three years

Assuming a country’s treaty covers both E-1 and E-2

Checking whether your country holds an E-2 treaty specifically — some, like Panama, are E-2 only

Filing based on an old article or outdated country list

Verifying your country’s current status directly against the State Department’s treaty table

Source: U.S. Department of State, 9 FAM 402.9-10, Treaty Traders, Investors, and Specialty Occupations.

A REAL CASE

A Client Who Assumed Her New Passport Was Enough

A prospective client reached out after obtaining Grenadian citizenship through that country’s investment program.

She had read that Grenada has an E-2 treaty and assumed she could file right away.

I explained the three-year domicile requirement that now applies specifically to citizenship acquired through investment.

She had not lived in Grenada at all, so she did not yet meet that requirement, regardless of how long she had held the passport.

We looked instead at her own birth nationality, which did carry an E-2 treaty, and built her case around that instead.

Her E-2 application was approved on that basis a few months later.

How to Confirm Your Treaty Eligibility Before You Invest

Check your nationality directly against the current State Department treaty table, not a list from an older article.

If you hold citizenship through an investment program, confirm how long you’ve actually been domiciled in that country.

Verify that your country’s treaty covers E-2 specifically, not only E-1.

If you’re a Bolivian or Ecuadorian national, confirm your investment’s date against the applicable cutoff.

Make sure at least 50% of the U.S. enterprise’s ownership carries the same qualifying nationality as you.

THE PATH FORWARD

What to Do If Your Country Isn’t on the List

Nationals of non-treaty countries sometimes look at acquiring treaty-country citizenship, but the 2022 domicile rule means that route now takes years, not months, to pay off.

Others pursue an entirely different category with no nationality requirement at all, such as the O-1 visa for individuals of extraordinary ability, since the E-2 is only one of several employment- and business-based routes into the U.S.

Because treaty status, ownership structure, and citizenship history all interact, it’s worth confirming eligibility before you commit funds to a specific business.

References

Not Sure Your Nationality Qualifies?

We confirm treaty eligibility — including citizenship-by-investment and domicile issues — before you invest a dollar.

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(702) 737-7717 info@gwp.law www.gwp.law

This article is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney before taking any action. · Last verified: September 14, 2026 · Reviewed by: Kathia Quirós, Immigration Attorney · GWP Immigration Law

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