E-1 and E-2 Treaty Countries: The Complete Official List

How to Read This Reference

The table below lists every country currently covered by a qualifying treaty for E-1, E-2, or E-3 classification. A few things to keep in mind:

• E-1 covers treaty traders engaged in substantial trade, primarily between the US and the treaty country.
• E-2 covers treaty investors who have invested, or are actively investing, a substantial amount of capital in a US enterprise.
• E-3 is a separate category available only to Australian nationals performing services in a specialty occupation — it uses the same infrastructure as H-1B but has its own separate annual cap of 10,500 visas.
• Many countries appear twice — once for E-1 and once for E-2 — because the underlying treaty grants rights under both classifications. In some cases the treaty dates differ between E-1 and E-2 for the same country.
• A few countries (e.g., Bolivia, Ecuador) have restrictions — see the footnotes section for details before advising clients from those countries.
• Portugal and New Zealand are recent additions (2024 and 2019 respectively), added by Congressional legislation rather than traditional treaty.

Full E-1 / E-2 Treaty Country Table

● Countries appearing with a dot indicator hold both E-1 and E-2 classifications.

E-3 Visa — Australia Only

Australia occupies a unique position in the treaty framework because it is the only country whose nationals qualify for the E-3 classification. The E-3 visa functions similarly to the H-1B in that it covers services in a specialty occupation — defined the same way as under INA §214(h)(4) — but it has a separate annual cap of 10,500 visas and does not require lottery registration. Australian nationals who cannot clear the H-1B cap or who want a more predictable path to specialty occupation employment in the United States should evaluate E-3 as a first option rather than a fallback.

Key E-3 advantages over H-1B: no electronic registration requirement, no cap-subject lottery, visa validity of up to two years at the consular level, and unlimited extensions in two-year increments. Spouses of E-3 visa holders are eligible for E-3D derivative status and, as of a 2022 policy shift, may obtain employment authorization incident to their E-3D status without a separate Form I-765 filing.

Country-Specific Footnotes

The Nationality Rule: What It Means in Practice

The E visa turns on nationality, which is a legal status distinct from domicile, residence, or even the passport one happens to carry. Under 8 CFR 214.2(e), nationality is determined by the law of the country in question. For most applicants this is straightforward — a citizen of Germany is a national of Germany, Germany is a treaty country, Germany nationals qualify.

The complications arise in these recurring scenarios:

• Dual nationals: A person who holds nationality of both a treaty country and a non-treaty country can use the treaty-country nationality to qualify for E status. The petition or application should specifically invoke the qualifying nationality and the officer will focus on that status.
• Stateless persons: Stateless persons have no nationality and therefore cannot qualify for the E classification.
• Commonwealth nationals using a UK passport: As the UK footnote makes clear, holding a British passport does not automatically confer UK nationality for E-visa purposes unless the person also satisfies the narrow "inhabitant" standard — actual, permanent residence with domicile in British territory in Europe. A Pakistani national who once obtained a British Overseas National document, for example, does not qualify under the US–UK treaty.
• Taiwanese nationals: Under the Taiwan Relations Act framework, Taiwanese nationals are administered through the American Institute in Taiwan. The processing mechanics differ from a standard consular application, but eligibility on the merits is assessed the same way.

What If Your Country Is Not on the List?

If a client's country of nationality does not appear in the table above, E-1 and E-2 classification is not available to them based on that nationality. The most common alternative pathways include:

• H-1B specialty occupation — for individuals with at least a bachelor's degree or equivalent and a qualifying job offer in a specialty field.
• O-1A extraordinary ability — for those who can demonstrate sustained national or international acclaim; no job offer required from a cap standpoint, though an employer or agent must file the petition.
• EB-1A or EB-2 NIW — permanent residence paths that bypass the labor certification requirement; EB-1A can be self-petitioned.
• L-1A/L-1B intracompany transferee — if the individual has worked abroad for a qualifying multinational employer for at least one year in the past three.
• International Entrepreneur Rule (IER) parole — a temporary authorized-stay option for founders of US startups who have secured qualifying investment or government grants.

Note also that some countries are in the process of treaty negotiations or reciprocity verification. The list does expand over time — Portugal (2024) and New Zealand (2019) are the most recent examples of countries added through Congressional legislation rather than traditional treaty process.

GCC Countries and E-2: A Closer Look

The firm's GCC-region clients frequently ask whether E-2 is available to Saudi, Emirati, Kuwaiti, or Qatari nationals. The answer, as of May 2026, is no — none of these countries has a qualifying treaty in force. The countries in the GCC that do have coverage are Bahrain (E-2 only, since 2001) and Oman (E-1 and E-2, since 1960).

In the meantime, GCC nationals who are also nationals of a treaty country — most commonly, those holding dual citizenship with a European or South American country — can invoke the qualifying nationality for E-2 purposes. This is a legitimate and frequently used route for GCC-based investors who hold, for example, Lebanese, Jordanian, or European dual nationality. Jordan qualifies for both E-1 and E-2 (since December 2001), making Jordanian dual nationals a common category served by the firm's GCC practice.

Frequently Asked Questions