The E-2 Visa is specifically designed for nationals of countries with which the United States maintains a treaty of commerce and navigation. However, what if you are from a non-treaty country? Can you still qualify for an E-2 Visa? The answer is yes, and there are viable options available for those from non-treaty nations. There are restrictions though.
Pathway Through Citizenship in a Treaty Country
While nationals from countries like China and India, which do not have E-2 treaties with the U.S., typically cannot apply directly for an E-2 Visa, there is a workaround. One increasingly popular method is to obtain citizenship in a country that does have an E-2 treaty with the United States. For example, countries such as Grenada and Turkey offer citizenship-by-investment programs, which allow foreign nationals to acquire citizenship and subsequently become eligible to apply for an E-2 Visa.
Example: Grenadian Citizenship
Grenada, in particular, has become a popular choice for this pathway. Once an individual obtains Grenadian citizenship, they can apply for an E-2 Visa based on their new nationality. The E-2 Visa granted through Grenadian citizenship is typically valid for five years and can be renewed indefinitely, as long as the visa holder continues to meet the E-2 requirements.
Considerations and Process
It is important to carefully consider the requirements and implications of acquiring a new nationality. Citizenship-by-investment programs often require a substantial financial commitment. Additionally, you must demonstrate that your investment in the U.S. will create jobs for American workers and that you will develop and direct the business.
Conclusion
For individuals from non-treaty countries, obtaining citizenship in a treaty country offers a pathway to the E-2 Visa. This approach requires careful planning and consideration of both the citizenship process and the E-2 Visa application requirements. One important thing to know is that there are new rules for E-2 visas when you obtain citizenship though investment. You must now live in the country where you obtained the investment for at least 2 years or you will not qualify.
If you’re considering obtaining an E-2 Visa through this route or have questions about the process, our team is here to assist you. Contact us for a consultation and explore our free resources to better understand your options.
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