E visas are treaty-based nonimmigrant visas available to qualifying investors (E-2) and treaty traders (E-1). While the core legal framework is federal, one critical factor often overlooked is nationality.
Nationality determines not only whether someone qualifies for an E visa, but also how long the visa is issued for, how it must be applied for, and what procedural requirements apply at specific U.S. consulates.
Understanding these distinctions is essential before moving forward with an application.
What Makes E Visas Unique?
Unlike H-1B or L-1 visas, E visas are based on treaties between the United States and specific countries.
To qualify, the applicant must:
- Be a national of a country that maintains an E visa treaty with the U.S.
- Invest (E-2) or engage in substantial trade (E-1) between the treaty country and the U.S.
- Demonstrate that the enterprise is real and operating
- Show that the investment is substantial and at risk (E-2 cases)
However, nationality affects much more than simple eligibility.
Treaty Country Eligibility
Only nationals of countries that have qualifying treaties with the United States may apply for E visas.
Important points:
- Dual nationals may qualify through one treaty nationality.
- Permanent residence in a treaty country does not substitute for citizenship.
- Some countries qualify for E-1 only, E-2 only, or both.
Before evaluating investment structure, confirming treaty eligibility is the first step.
Visa Validity Periods Vary by Country
One of the most significant nationality-based differences involves visa validity and reciprocity.
The length of time an E visa is issued depends on the reciprocity agreement between the U.S. and the applicant’s country of nationality.
For example:
- Some nationalities receive five-year multiple-entry visas.
- Others receive one-year visas.
- Some receive shorter validity periods with limited entries.
Importantly, visa validity is different from the authorized stay granted upon entry, which is typically up to two years per admission.
Consular Procedures Differ by Location
E visa applications are typically processed directly at U.S. consulates abroad. Each consulate may have its own:
- Filing format requirements
- Submission portals
- Document indexing standards
- Interview scheduling procedures
- Processing timelines
Even where legal standards are consistent, procedural expectations can vary significantly by post.
Some consulates require electronic submission of document packages in advance, while others follow physical binder-based submissions.
Nationality and Ownership Requirements
For E-2 investors, at least 50% of the enterprise must be owned by nationals of the treaty country.
Nationality matters not only for the principal applicant but also for:
- Corporate ownership structures
- Shareholder composition
- Parent companies
If ownership drops below 50% treaty nationality, E eligibility may be affected.
Dual Citizenship Considerations
Dual nationals may select which nationality to use for E visa purposes, but:
- The passport used must correspond to a treaty country.
- The business ownership must reflect that same nationality.
- The applicant must consistently apply using that nationality.
Strategic nationality selection should be evaluated early in the planning process.
Comparison: E Visa Factors Influenced by Nationality
| Issue | Impact of Nationality |
| Treaty Eligibility | Must be citizen of treaty country |
| Visa Validity | Determined by reciprocity schedule |
| Number of Entries | Varies by nationality |
| Consular Procedures | Post-specific requirements |
| Ownership Qualification | 50% treaty national ownership required |
| Dual National Strategy | Must choose treaty nationality consistently |
Common Misunderstandings
“I live in a treaty country, so I qualify.”
Residency is not sufficient. Citizenship is required.
“All E visas are issued for five years.”
Validity depends on reciprocity with the specific country.
“The process is the same everywhere.”
Procedural requirements vary by consulate.
“Green card holders from treaty countries qualify.”
Permanent residents who are not citizens do not qualify.
Frequently Asked Questions
Can a dual citizen choose which nationality to apply under?
Yes, provided one nationality qualifies under a treaty. The application must consistently reflect that nationality.
Does visa validity affect how long I can stay in the U.S.?
Visa validity determines how long you can use the visa to enter the U.S. Each admission is typically granted for up to two years.
Can a company with multinational shareholders qualify?
Yes, but at least 50% of the enterprise must be owned by nationals of the same treaty country.
If my visa validity is short, can I still renew?
Yes. E visas can be renewed as long as eligibility continues.
Final Thoughts
Nationality plays a central role in E visa eligibility, validity, and processing strategy. Before structuring an investment or filing at a consulate, applicants should confirm treaty eligibility, reciprocity terms, and ownership compliance.
A careful review at the outset can prevent unnecessary delays or denials.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.